P. C. SANGHI Vs. BALJINDER SINGH (BITTU)

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') for quashing the impugned order dtd. 29/3/2017 (Annexure P-1) passed by learned Judicial Magistrate Ist Class, Chandigarh in Criminal Complaint No. 10902/2013 dtd. 18/11/2010 titled 'Federation of Sector Welfare Associations (Regd.) Chandigarh and another v. Dr. A.S. Sanwaria etc' whereby by application filed for substitution of complainant-society and amendment of the title of the complaint was allowed.

(2.) The facts of the case, in brief, are that the petitioner is the Chairman of Federation of Sector Welfare Associations (Regd.), Chandigarh (hereinafter referred to as 'FOSWAC') registered under Societies Registration Act, 1860 vide registration no. 1540 of 1998. In June, 2017, one C.K. Jain, member of Tenants Cooperative House Building Society, moved a complaint before Pradeep Mehta, IAS, Advisor to the Administrator, U.T. Chandigarh alleging filing of false affidavits by respondent No.2-Dr. A.P. Sanwaria and his family members (respondents No.3 to 5) before the Registrar Cooperative Societies, U.T. Chandigarh. The matter came to the knowledge of the petitioner and Rajinder Kumar Goyal, Member, Executive Committee, Citizens Association Sector 21 (Regd.) (registered under the Societies Registration Act, 1860 vide registration No.329 of 1976-77) who obtained the necessary information under the Right to Information Act, 2005 from Cooperative Societies and Home Department, U.T. Chandigarh. An inquiry was conducted by Vigilance Cell, U.T. Chandigarh and a perusal of its report indicates that respondents No.2 to 5 filed false affidavits and deliberately gave different addresses to seek membership of another society.

(3.) In spite of the Vigilance Cell report, exercising their influence, respondents No.2 to 5 were able to suppress material facts. The matter was discussed at the Executive Committee meeting of FOSWAC as well as Citizen's Association and the petitioner was authorised to file a complaint (Annexure P-2) vide resolution dtd. 4/7/2010 (Annexure P-3) against respondents No.2 to 5. The learned trial Court took cognizance of the same and respondents-accused were summoned to face trial vide orders dtd. 30/9/2011 and 22/4/2014 (Annexure P-4). Aggrieved by the same, respondent No.3 approached this Court by filing CRM-M-43098-2013, however, the same was dismissed as withdrawn vide order dtd. 3/12/2014 (Annexure P-5). Thereafter, statements of witnesses were recorded at the trial Court and pre- charge evidence was closed on 8/11/2016.