R.K. GOEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) ONE Subhash Chander, Member of the Bhiwani Karamchari Cooperative House Building Society Limited, Bhiwani obtained a loan of Rs. 50,000/- in 1985-86 from the Haryana Housefed through its society for construction of a house. The loan was disbursed to him in three installments. Subsequently it was found that in fact Subhash Chander had not constructed any house and he had purchased a built house with the amount received by him. The loan was obtained by him on a wrong report made by the petitioner to the effect that he was constructing a house. A case was therefore, registered at Police Station Hissar on 4.1.1991 under Sections 409, 468, 419, 471, 420 and 120-B Indian Penal Code, against the petitioner and many others. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the First Information Report No 4 alleging that he had not committed any offence and he had neither recommended or attested the loan case of Subash Chander.

(2.) IN reply filed by the respondent it was alleged that Shri Subhash Chander applied for loan in the sum of Rs. 50,000/- which was to be paid to him in three instalments by the Haryana State Cooperative Housing Federation Limited. As per terms and conditions of loan, before disbursement of second installment the applicant was to have ownership of a plot. The second instalment of 40% of the sanctioned amount was to be disbursed when the applicant had fully utilised the first instalment. The third instalment was to be paid for completion of the house. After investigation was made, loanee was found to have not fulfilled the first condition as he never invested the loan amount on land and initial construction. In fact he purchased a pacca house vide registered sale deed dated 25.12.1983 from one Arjan Dass son of Hukam Singh. In connection with Shri R.K. Goel, he got prepared a forged report dated 7.8.1985 wherein it was mentioned that the construction work was going on after a D.P.C. and this report was duly signed by the petitioner. The report was made to commit a fraud with the Housing federation and for helping Subhash Chander in getting Rs. 20,000/- disbursed in the shape of second instalment. The amount was actually released to Subhash Chander on the basis of the report.

(3.) PRIMA Facie the allegations against the petitioner, are that he being a Junior Engineer prepared a false report to the effect that Subhash Chander who had applied for loan for the construction work was going on after D.P.C. On the basis of this report the amount of second instalment was disbursed to the loanee. The case is still under investigation and it does not suffer from any legal defect. The petitioner has invoked inherent powers of the court for quashing the First Information Report No. 4 registered at Police Station. Hissar against him but these inherent powers do not confer an arbitrary jurisdiction on this court to act according to whim or caprice. That statutory power has to be exercised sparingly with circumspection and in the rarest of rare case. Thus the High Court in exercise of inherent powers under Section 482 Criminal P.C. cannot quash a first information report more so when the police had not even commenced the investigation and no proceeding at all is pending in any Court in pursuance of the said FIR. AIR 1977 SC 2229 Kurukshetra University and another v. State of Haryana and another in an authority on this point.