KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, relates to quashment of impugned first information report dated 28.4.1979 under Sections 419 and 420 of the Indian Penal Code, registered at Police Station City, Hissar, and consequent proceedings taken there under.

(2.) IN brief facts relevant for the disposal of this petition are that petitioner are Sarpanch of the Gram Panchayat and that he ceased to be Sarpanch on 7.9.1967. After he ceased to be Sarpanch he engaged Har Singh and Balbir Singh Beniwal, Advocates of Sirsa, who acting on the strength of the power of attorney allegedly executed by the petitioner on 15th November, 1967 made statements before the Collector, Hissar on 6th of December, 1967. On the basis of the said statement, the Collector passed order dated 6th of December, 1967 allowing the sale of certain shamlat land at throw away price thereby cheating the Gram Panchayat of its valuable property. On the basis of the complaint impugned first information report No. 263 dated 19.7.1989 was registered against the petitioner under Section 379/201 of the Indian Penal Code at Police Station City, HIssar, alleging that the petitioner in connivance with SI Kashmiri Lal took away the police file of the aforesaid police case under Sections 419/420 IPC in the year 1981. It was next pleaded that the case against the petitioner is politically motivated, that on the basis of the impugned first information report dated 28.4.1979, challan has been presented in the year 1989 against the petitioner. It was, however, pleaded that no case is made out against the petitioner, as alleged, and continuation of proceedings against the petitioner amounts to abuse of the process of the court.

(3.) THE learned Counsel for the parties were heard. In the instant case admittedly the impugned first information report was registered on 28.4.1979. The said first information report relates to alleged sale of shamlat land at throw away price in December, 1967 or there about. According to the allegations in the impugned first information report, Krishan Kumar petitioner, who had ceased to be Sarpanch on 7th of September, 1967, gave power of attorney on behalf of the Gram Panchayat to S/Sh. Har Singh and Balbir Singh Beniwal, Advocates and the latter made statements and acting on the strength of the aforesaid power of attorney, the said Advocates made statements before the Collector, Hissar on 6th of December, 1967 and the latter granted permission for the sale of shamlat land at throw away price. Challan in the said case, according to the State, was submitted in the court of Illaqa Magistrate, Hissar on 19th of July, 1989. The delay in presenting the challan is sought be explained mainly on the ground that the original file and documents of this case were misplaced by SI Kashmiri Lal, in connivance with Krishan Kumar petitioner, for which a separate first information report No. 263 was registered against him on 19.7.1989. That first information report too was quashed by this Court as per return filed by respondent No. 1. Even otherwise, it is quite obvious that the first information report concerning loss of police file and documents was itself filed on the very day, the challan was presented in court. From the material placed on the record, no plausible explanation concerning inordinate delay is forthcoming with regard to two salient features of this case :-