PANDIT TARA CHAND Vs. STATE

JUDGEMENT

(1.) The petitioner has sought quashing of FIR No.290/99 registered at P.S. Sarai Rohilla, District North on 3.7.99 for offence under Section 420/468/471 Indian Penal Code, 1860.

(2.) The petitioner has alleged that he is a tenant in property bearing No.19/310, Sant Swami Bagh, Shehzada Bagh, Old Rohtak Road, Delhi 35. Being an old and ailing man of 77 years he had been occupying the property for the last over 45 years and throughout his life he has been actively associated with social work organisations and trade unions and retired as a UDC from Ministry of Defence about 20 years ago. Earlier he had been paying rent to Mahant Gian Dass, who was running the trust, which owned the property. After his death his chela Mahant Babu Ram started collected rent. The petitioner has also appended copies of the rent receipts, alleged to have been executed by Mahant Babu Ram and also alleged that he had applied for licence to run factory at the premises for which purpose two rent receipts were also appended by him with the application, on the basis of which Municipal Corporation had granted licence to him. He alleged that the petitioner had been facing several litigations initiated by two elder sons and therefore lodging of the FIR and carrying out investigation was an abuse of process of law since he was being compelled to produce the original receipts. The same may not be traceable as the same pertain to over 16 years.

(3.) Needless to add that the petitioner alongwith his petition did rely upon the two receipts, alleged to have been issued by Babu Ram and also the licences alleged to have been issued by the Municipal Corporation and in support of the averments made in the petition he filed an affidavit stating that the annexures are the true copies of their respective originals.