LAWS(P&H)-1992-10-30

MAHESH MEHTA Vs. STATE OF PUNJAB

Decided On October 22, 1992
MAHESH MEHTA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) MAHESH Mehta a partner of M/s. Shiv Saran Chand Ved Parkash, Katha Agents, filed the present petition under section 482 of the Code of Criminal Procedure for quashing the F. I. R. No. 66 dated 11-10-1989 under sections 406, 409, 467, 471, 120 B, I. P. C. and section 5 (1) (d) and section 5 (2) of the Prevention of Corruption Act lodged at Police Station, Hariana, District Hoshiarpur.

(2.) CASE was registered at the instance of Darshan Singh Inspector, Police Vigilance Bureau, Unit Hoshiarpur. As per allegations in the F. I. R. auction of certain trees was held by Gram Panchayat, Malout on 19-2-1986 when Kashmir Singh was the Sarpanch of the Gram Panchayat and Kanwarjit Singh was the Secretary of the Panchayat. The auction was conducted under the over-all supervision of accused Badan Singh Dhariwal the then District Development and Panchayat Officer, Hoshiarpur (since retired ). Virender Kumar and Raj Kumar offered bid for sale of 'cheel' trees whereas 'khair' trees were purchased in auction by the firm M/s. Shiv Saran Chand Ved Parkash through its manager Gobind Singh and partner Ashok Kumar. Ved Parkash and Mahesh Mehta, the present petitioner were also the partners of that firm. Des Raj Bhagat was the Block Development and Panchayat Officer, Block Bhunga, At the time of auction 'khair' trees were sold at the rate of Rs. 195/- per cubic foot but subsequently auction proceedings recorded in the auction register were interpolated and entries were forged to the effect that 'khair' trees had been sold at the rate of Rs. 95/- per 'mundi' (stump) Forged copy of the resolution duly recommended by accused Dhariwal was sent to forest department for issuance of permit for cutting the trees. Felling of trees was prohibited under the Punjab Land Preservation Act, 1900 and the trees could not have been auctioned without requisite permission of the forest officers. Auction was conducted without inserting any advertisement in the news papers. Subsequently resolution No. 5 dated 19-2 1986 was illegally recorded after forging the proceedings and the auction register as a result of which Panchayat of village Malout was made to suffer loss of many lacs. The forgeries were committed by the accused after conspiring with each other and for their own benefit.

(3.) THIS petition has been filed on the grounds that petitioner never participated in the auction which took place on 19-2-1986 and on behalf of M/s Shiv Saran Chand Ved Parkash, Gobind Singh Gangola and Ashok Kumar contractors were present. The name of the petitioner did not find mention in the first information report and there was no direct or indirect allegation of any kind against him. The first information report was recorded after a lapse of more than three years and eight months and no action could be taken against the petitioner even if all the allegations contained in the F. I. R. were taken to be correct.