HARI CHAND DEWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C., filed by the accused-petitioners, seeking the quashment of the FIR, bearing No. 46 dated 5.2.2000, registered under Section 7/10 of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter referred as to the Act), in Police Station, Saraikhwaja, District Faridabad, being an abuse of the process of Court.

(2.) IN the petition, it was alleged that petitioner No. 1 was abroad due to his employment in the United Nations and had appointed petitioner No. 2, as his general attorney, vide General Power of Attorney, dated 19.1.1996. It was alleged that on the instructions of petitioner No. 1, petitioner No. 2 had sold the land to Vanita Aggarwal and Rajesh Gupta, in equal shares, vide registered sale deed dated 7.8.1997. It was alleged that the District Town Planner, Faridabad, lodged the aforesaid FIR without obtaining necessary sanction, as required under Section 11 of the Act. It was further alleged that no offence had been committed by the petitioners, inasmuch a petitioner No. 2 had sold the land only under the instructions of petitioner No. 1, being his attorney and had not committed any offence.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.