LAWS(P&H)-2013-1-67

VINEET HANDA Vs. STATE OF HARYANA

Decided On January 14, 2013
Vineet Handa Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE petitioner seeks pre-arrest bail in an FIR registered against him under Sections 420, 406, 409, 415, 468, 471, 34 and 120-B IPC, Police Station DLF City Phase-II, Gurgaon, Haryana. This FIR was registered on 6.2.2008. There are as many as 19 FIRs registered against the petitioner.

(2.) THE counsel has invited my attention to the orders, whereby all these 19 FIRs were consolidated for the purpose of investigation. As per the counsel, the police, after investigation, filed a cancellation report. Copy thereof is annexed with the petition as Annexure P-3. The Magistrate, however, still declined to accept the cancellation report and has taken cognizance of the offence and order in this regard is Annexure P-4. That is not the only fact, which needs investigation in this case. The petitioner had earlier approached for quashing of this FIR primarily on the ground that only civil liability arises in this case and the case does not carry any criminal liability. This petition was got dismissed as withdrawn on 18.4.2011. In the meantime, some co-accused of the petitioner also approached this court for quashing, where notice was issued. Taking advantage of that order, the petitioner once again approached this court for quashing. Could he had done it, especially so when no such liberty was taken while withdrawing CRM-M No.10651 of 2011 for quashing on 18.4.2011. The petitioner had got this petition withdrawn with liberty to have his alternative remedy. Filing of another quashing petition obviously and certainly was not an alternative remedy. This court accordingly dismissed the petition filed for quashing second time on 3.4.2012 and imposed costs of Rs.20,000.00. The petitioner approached against this order by filing a Special Leave Petition before the Hon'ble Supreme Court. The Special Leave Petition was also dismissed by imposing costs of Rs.5.00 lacs. Now the petitioner is before this court for grant of anticipatory bail.