LAWS(P&H)-2011-3-940

GHASITA SINGH RAM Vs. STATE OF HARYANA

Decided On March 22, 2011
GHASITA SINGH RAM Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This order shall dispose of Crl. Misc. No. M-26013 of 2009 and Crl. Misc. No. M-8732 of 2010 as the FIR, in both the petitions, is same. For the sake of convenience, the facts are being taken from Crl. Misc. No. M-26013 of 2009.

(2.) This is a petition under Section 482 Cr.P.C for quashing of FIR No. 86 dated 25.03.2009 registered at Police Station Ambala Cantt. District Ambala for offences under Sections 218, 420, 467, 468 and 471 read with Section 120-B IPC and all the subsequent proceedings arising out of the above noted FIR.

(3.) The Petitioner was serving as Clerk with the Municipal Council Ambala Sadar. He took charge as clerk somewhere in the year 2003 to 2004. The Municipal Committee/Municipal Council carried out door to door survey in the year 2000, as usual, being routine survey. This survey was conducted for the purpose of ascertaining the existing houses for the further purpose to collect house tax. During survey, one form was filled, in which, there were various columns, such as (i) general information (ii) information regarding ownership and (iii) information regarding property. Concerned deputed clerk, at relevant time, during survey, filled form No. 219 related to 200-200A. On the basis of the form filled during door to door survey, the entries were further carried out entered in the Assessment Register for the year 2002-2005. In the assessment register, the name of Virender Kumar was entered as owner of House Nos. 200-200A B.C. Bazar, Ambala Cantt. During scrutiny of the record and comparing with the previous assessment register, the Petitioner found that w.e.f. 1990 to 2001, one Krishan Sarup s/o Mam Raj has been entered in the column of ownership of House No. 200-200A, whereas, the name of Virender Kumar has been entered in the column of tenant. Therefore, the Petitioner, being concerned clerk, put up the file on 10.04.2007 before the Executive Officer. The Executive Officer on 11.04.2007 granted the permission for correction of the name as Krishan Sarup instead of Virender Kumar. The police, on the basis of secret information, registered FIR No. 86 dated 25.03.2009 under Sections 218, 420, 467, 471 and 120-B IPC with the allegation that the Petitioner intentionally changed the entry by showing Krishan Sarup and removing the name of Virender Kumar to save the earlier clerk who had made wrong entry in the first place.