RAJ KUMAR ARORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE epitome of the facts and material, which needs a necessary mention for the limited purpose of deciding the sole controversy, involved in the instant petition and emanating from the record, is that a petrol pump outlet was allotted to the daughter of petitioner in the year 2006 on the road leading from Lahori Gate to Islamabad Road, Amritsar. She was stated to have obtained 'No objection certificates' as were required from the various agencies, including the District Magistrate, Punjab Pollution Control Board, Chief Agriculture Officer, District Controller Food & Civil Supplies and Consumer Matters, Divisional Forest Officer and Senior Superintendent of Police etc. According to the petitioner that Inderjit Singh Bularia (respondent No. 3), who was Municipal Councilor (for short "the MC") and sitting MLA of ruling party at the relevant time, also owned and operated another petrol pump styled as M/s. Bularia Indian Oil, outside Lahori Gate in the same vicinity. He made all efforts to thwart the setting up of petrol pump of the daughter of the petitioner. Accordingly, the petitioner was stated to have demolished his house to unable her daughter to run the petrol pump after obtaining the "No Objection Certificate" from the Municipal Corporation as well. Thereafter, the Indian Oil Corporation, which was to set up the pump in question, started digging the land to put/fix the petrol tanks. It further infuriated respondent No. 3 and he started applying every kind of pressure on the Administration as well as the police authorities to implicate the petitioner in false cases. Sequelly, the case of the petitioner further proceeds that apprehending danger, he filed CRM No. M -48628 of 2007 on 11.10.2007 for providing protection to his life and liberty. The matter came up for hearing before the High Court on 12.10.2007 and notice of motion was issued to the respondents for 12.11.2007. As soon as, the notice reached to the police authorities as well as respondent No. 3, in the meantime, Saranjit Singh complainant -respondent No. 2, Building Inspector (for brevity "the complainant") was pressurized and he lodged a false criminal case with altogether baseless allegations that the petitioner did not allow him to enter in his premises to see the on going position. Thus, he (petitioner) has interfered in the discharge of his official duty. In the background of (only) these allegations and in the wake of statement of complainant, the present case was registered against the petitioner, vide FIR No. 200 dated 16.10.2007 (Annexure P3) for the commission of offences punishable under sections 186 and 353 IPC by the police of Police Station Islamabad, District Amritsar.

(2.) THE petitioner did not feel satisfied with the registration of the criminal case and preferred the instant petition for quashing the FIR (Annexure P3) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr. PC, inter -alia pleading that he never stopped the complainant to inspect the site in question and a false criminal case was registered at the instance of sitting MLA (respondent No. 3) vexatiously and maliciously against him in order to wreak vengeance. According to the petitioner even if the vague allegations alleged in the FIR by the complainant are taken to be true at its face value, even then, no offences whatsoever under Sections 186 & 353 IPC are made out against him. On the strength of aforesaid grounds, the petitioner sought to quash the FIR (Annexure P -3) and all subsequent proceedings arising therefrom, in the manner indicated hereinabove.

(3.) AFTER hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this respect.