RAJ KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C has been filed seeking quashing of FIR No.37 dated 28.01.2012, registered at Police Station Pinjore for offence punishable under Section 3 of the Prevention of Damage to Public Property Act, 1984 (for brevity, 'the 1984 Act') and subsequent proceeding emanating therefrom.

(2.) Briefly stated, as per allegations against the petitioners, on 28.01.2012, they were driving a Tipper bearing registration No. HR 68- 8635, which belongs to C&C Company. The Tipper was loaded with bajri and it was apprehended near Surajpur, Tehsil and District Panchkula. The Tipper was statedly overloaded beyond the sanctioned load as mentioned in the registration certificate as per weighment done at a Weigh Bridge.

(3.) Counsel for the petitioners submits that even if the allegations of the FIR are taken as correct on its face value, no offence under Section 3 of the 1984 Act is prima facie made out against the petitioners. It is further argued that a perusal of the statement of objects and reasons of the 1984 Act would reveal that the said Act was enacted to curb acts of vandalism and damage to public property, including destruction and damage caused during riots and public commotion. It is further submitted that as there are no allegations against the petitioners that they have committed any mischief in respect of any public property by indulging in any action of vandalism or riots, the present criminal case is nothing but an abuse and misuse of the process of law. It is further submitted that the police officials, who stopped the vehicle, in question, and found it to be overloaded, in place of issuing a challan or impounding the vehicle under the provisions of Motor Vehicles Act, 1988, wrongly and by misusing his position got lodged the FIR against the petitioners Counsel for the State of Haryana is fair enough to concede that keeping in view the objects and reasons of enactment of 1984, the present case does not fall within the purview of mischief, causing damage to public property, constituting an offence under Section 3 of the 1984 Act.