JAGDISH RAI SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Crl. Misc. petition under Section 482 Cr.P.C. filed by Shri Jagdish Rai Sharma, Tehsildar (Sales) Rehabilitation Department, Haryana whereby he has sought the quashing of FIR No. 244 dated 7.12.1995 under Sections 418/420 I.P.C. registered against him at PS Radaur, Yamuna Nagar.

(2.) FACTS which are necessary to understand the prayer of the petitioner for quashing of FIR No. 244 (ibid) may be noticed.

(3.) LAND was sold by Tehsildar (Sales), Kaithal in his favour as the same was in the sale unit Kaithal in the year 1989. The auction was subject to approval by the competent authority i.e. Settlement Officer (Sales). Settlement Officer (Sales) did not approve the auction and ordered vide order dated 16.4.90 that the land be put to re-auction. In the wake of the creation of Yamuna Nagar and Kaithal as independent districts, the land situated in Radaur fell in the sale unit Ambala. Auction of the aforesaid evacuee land was to take place on 5.10.1995 in the premises of Sub Tehsil Radaur. According to Suresh Kumar s/o Jai Parkash, petitioner Shri Jagdish Rai Sharma came from Ambala in the car of land grabbers. He did not hold auction proceedings in the premises of Sub Tehsil Radaur. Instead he sat in the house of somebody and prepared the bid sheet and the presence sheet. Bid sheet prepared by him was fabrication. Presence sheet prepared by him was a fabrication. He did not hold the auction proceedings in open. In fact he did not hold the auction proceedings at all and fabricated the bid sheet and the presence sheet. According to Suresh Kumar, the auction held on 5.10.1995 was required to be cancelled as it was no auction in the eye of law, and the land was required to be put to an auction again openly. On the complaint of Suresh Kumar, the inquiry was held by SDO(C), Jagadhari. On 19.10.1995, SDO(C) visited Radaur and examined S/Shri Suresh Kumar, Jagdish Parsad, Ashok Kumar and Subash Chand residents of Radaur. They supported the version of the complaint. Naib Tehsildar, Radaur also made a report that no such auction had been conducted by Tehsildar (Sales) in the premises of Sub Tehsil, Radaur on 5.10.1995, with regard to the said evacuee land situated at Radaur.