High Court of Punjab and HaryanaCRM-M/23867/2015allowed

Pargan Singh v. State Of Punjab

2019-07-23Mr. Justice Surinder Gupta2 pages

CRM-M-23867-2015

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-23867 of 2015 (O&M) Date of Decision: July 23, 2019 Pargan Singh ..........PETITIONER

VERSUS

State of Punjab ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Jaswinder Singh, Advocate for the petitioner.

Mr. Avtar Singh Sandhu, Addl. A.G. Punjab.

******* SURINDER GUPTA, J.(Oral) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 339 dated 13.10.2007 under Sections 420, 465, 467, 471, 120-B of Indian Penal Code (for short 'IPC') and 3/4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act'), registered at Police Station City Kapurthala (Annexure P-2) and all the subsequent proceedings arising therefrom.

Report of the trial Court has been received.

Learned counsel for the petitioner submits that this case is covered by judgment in the case of Captain Harminder Singh Versus State of Punjab and another (CRM No. M-14322 of 2013) decided on 30.01.2015. Learned State counsel submits that FIR was registered against JYOTI 2019.07.25 09:36 I attest to the accuracy and authenticity of this document

CRM-M-23867-2015 Harminder Singh and Pargan Singh with the allegations that nazool land allotted to the petitioner-Pargan Singh was sold to Harminder Singh against the terms and conditions of Nazool Lands (Transfer) Rules 1956. This fact is not disputed that violation of terms of above 1956 Rules make out no case for initiating criminal proceedings against the petitioner. The allegations against the petitioner is that he had sold the land allotted to him. If he has violated any terms of letter of allotment, appropriate proceedings by the competent authority can be initiated against him for violation of terms.

The allegations against the petitioner and Harminder Singh are similar, as such, being a covered case, this petition is allowed. FIR No. 339 dated 13.10.2007 under Sections 420, 465, 467, 471, 120-B IPC and 3/4 of the Act, registered at Police Station City Kapurthala (Annexure P-2) and all the consequential proceedings, arising therefrom, qua the petitioner are quashed.

( SURINDER GUPTA ) July 23, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.07.25 09:36 I attest to the accuracy and authenticity of this document