JOGINDER PAL Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Aggrieved against the registration of case against them under Sections 420, 465, 467, 468, 471 and 120-B IPC, the petitioners Joginder Pal (in CRM-M No. 33824 of 2008) and Major P.C. Dogra (in CRM-M No. 3009 of 2009) have approached this Court for quashing of said FIR on the ground that it is sheer abuse of process of Court and as per the allegation contained, no criminal offence as alleged, would be made out against them.

(2.) Since the facts and legal issues in both the petitions are common, they are being disposed of through this common order. The facts have been taken from Criminal Misc.-M No. 33824 of 2008.

(3.) The petitioners would allege that they have been falsely implicated in this FIR, copy of which is annexed with the petition as Annexre P-1. This FIR was registered on the basis of complaint made to Senior Superintendent of Police, Gurdaspur. The complainant is having agricultural property in village Kiri khurd Tehsil Pathankot District Gurdaspur. As per the allegation, the petitioner/ P.C. Dogra approached the complainant in the month of November, 2007 for providing the passage to his company namely M/s C & C Company situated in above noted place. Being the Manager of the said company and having business of crusher and stones, the petitioner assured the complainant that he would pay sum of Rs. 1 lakh per month for the use of passage over land belonging to the complainant. The petitioner also made request to the complainant to arrange adjacent passage belonging to the other persons.