R P KAPUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On December 10, 1958, Mr. M. L. Sethi lodged a First Information Report against the appellant Mr. R. P. Kapur and alleged that he and his mother-in-law Mrs. Kaushalya Devi had committed offences under Ss. 420-109, 114 and 120B of the Indian Penal Code. When the appellant found that for several months no further action was taken on the said First Information Report which was hanging like a sword over his head he filed a criminal complaint on April 11, 1959, against Mr. Sethi under Ss. 204, 211 and 385 of the Indian Penal Code and thus took upon himself the onus to prove that the First Information Report lodged by Mr. Sethi was false. On the said complaint Mr. Sethi moved that the proceedings in question should be stayed as the police had not made any report on the First Information Report lodged by him and that the case started by him was still pending with the police. After hearing arguments the learned Magistrate ordered that the appellant's complaint should stand adjourned.

(2.) Thereupon the appellant moved the Punjab High Court under S. 561-A of the Code of Criminal Procedure for quashing the proceedings initiated by the First Information Report in question. Pending the hearing of the said petition in the said High Court the police report was submitted under S. 173 of the Code on July 25, 1959. Subsequently, on September 10, 1959, Mr. Justice Capoor heard the appellant's petition and held that no case had been made out for quashing the proceedings under S. 561-A. In the result the petition was dismissed. It is against this order that the appellant has come to this Court by special leave.

(3.) The material facts leading to the proceedings against the appellant lie within a very narrow compass. It appears that in January 1957 the mother-in-law of the appellant and his wife entered into an agreement with the owners of certain lands in village Mohammadpur Munirka to purchase lands at Rs. 5 per square yard. Earnest money was accordingly paid to the vendors and it was agreed that the sale had to be completed by April 13, 1957; by consent this period was extended to June 13, 1957. Meanwhile, on March 8, 1957, notifications were issued by the Chief Commissioner under Ss.4 and 6 of the Land Acquisition Act, 1894, for acquiring considerable area of land which included the lands belonging to the vendors; this acquisition was intended for the housing scheme of the Ministry of Works, Housing and Supply in the Govt. of India. The proposed acquisition was treated as one of urgency and so under S. 17 of the Acquisition Act possession of the land was taken by the Collector on June 8, 1957. Some of the persons concerned in the said lands field objections against the validity of the action taken under S. 17. It was under these circumstances that the sale deeds were executed by the vendors in favour of Mrs. Kaushalya Devi and certain other vendees on June 12, 1957. It appears that the vendees presented their claim before the Land Acquisition Collector and an award has been made in September 1958 by which Mrs. Kaushalya Devi has been allowed compensation at Rs. 3-8-0 per sq. yd. That is how the title of the lands in question passed to Mrs. Kaushalya Devi.