GHANSHAM DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Criminal Misc, Nos. 162-M,164-M and 166-M of 1989, as the relief claimed in all these three cases is for quashment of the charges framed against the petitioner, who is common in all the three cases, on the basis of common FIR No. 157 dated 14-4-1987. However, chargesheets were framed separately in respect of identical transactions, which took place in the years 1984, 1985 and 1986 relating to the aforesaid three cases, respectively.

(2.) The facts of the case are that FIR No. 157 dated 14-4-1987 was registered at the instance of Harbans Singh in Police Station City Yamuna Nagar District Ambala, to the following effect:-

(3.) On the basis of allegations contained in the FIR, a case u/S. 406/ 420 of the Indian Penal Code was registered against the petitioner in Police Station City, Yamuna Nagar. The police presented three challans against the petitioner relating to years 1984,1985 and 1986. All the three cases have been clubbed and thus one trial has been held against the petitioner. The trial Court has framed charges u/Ss.406/ 420 of the Indian Penal Code against the petitioner. According to the petitioner, he has been running the committees since long and he had been collecting the amount from the members and had been disbursing the amount and also the profit in equal shares to the members. Thus ,there was neither any intention of cheating the members nor any case of misappropriation. He has alleged that even if the allegations mentioned in the FIR are taken to be correct, no offence u/Ss. 406/ 420 of the Indian Penal Code is made out against him and he, therefore, prays that the charge-sheet (Annexure P-1) framed against him in all the cases may be quashed being against law and facts.