RAJINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAJINDER and others have sought quashing of the First Information Report No. 8 dated 13.10.1988, Police Station Gohana, District Sonepat which was registered on the communication received from the Sub-Divisional Officer (Civil), Gohana and addressed to the Station House Officer, Gohana. The impugned FIR, so far as relevant, reads as under :-

(2.) LEARNED counsel for the petitioners urges that it was an abuse of process of law that a trial is being held for an offence on the same allegations, as earlier contained in proceedings under section 151 of the Code of Criminal Procedure. I, however, find no merit in the submission of the learned counsel. It is not disputed that proceedings under section 151 were on the same facts, as the impugned FIR enumerates. Security proceedings cannot be equated with a criminal prosecution. That was a proceeding for preventive measure and the impugned FIR was registered with respect to the substantive offence committed by the petitioners. The delay in lodging of the FIR has always been taken note of by all the Courts so than an unblemished version should come before them. Admittedly, the version had already come before the Court though in proceedings under section 151 of the Cr.P.C. Hence in the instant case the Sub-Divisional officer (Civil) had reported the matter to the Deputy Commissioner and had himself not got the case registered. If initially, the Sub-Divisional Officer (Civil) had not proceeded to get a case for Criminal offence registered, that is no ground for quashing of the FIR itself. I do not accept the argument that the case had been registered due to malice, as proceedings under section 151, Cr.P.C. has already ended in discharge of the petitioners. No case for interference is made out in this criminal miscellaneous petition which is hereby dismissed. Petition Dismissed.