(1.) This petition has been filed for quashing Criminal trial State vs. Pradeep Kumar Tuli pending in the Court of learned Judicial Magistrate 1st Class, Nalagarh arising out of FIR No. 177 dated 29.9.2006 registered at Police Station, Barotiwala. The facts as alleged are that Deputy Commissioner, Solan vide letter dated 5.10.2006 addressed to Superintendent of Police, Solan made a complaint that M/s Beta Builders Pvt. Ltd. has preferred an application for purchase of 14 biswas of land comprising Khasra No. 740/607/2 and Khasra No. 742/607/2 situated at Village Kunjahal, Tehsil Nalagarh. It was found that the said Builders had already purchased land comprised in Khasra No. 740/607/1, 741/607/1, 742/607/1, 507, 509 and 511 measuring 31-12 bighas in village Kunjahal and Jharmajri, Tehsil Nalagarh on the basis of forged permission letter dated 12.4.2006 of H.P. Government. As per record of D.C. office for the purchase of aforesaid land, no such permission was issued by the Government in respect of the aforesaid Builders. In these circumstances, FIR No. 183 of 2006 under Sections 420, 467 and 468 IPC was registered at Police Station, Barotiwala.
(2.) Anil Garg, a Director of M/s Beta Builders alleged that Company made an agreement for the purchase of land at Village Kunjahal and Jharmajri measuring 31-12 bighas for construction of residential colony. The company took the services of Architect, staff, liaisoning people to complete the legal formalities for getting clearance/permission for registration of the land and construction of housing colony. Ganesh Abrol, Chartered Accountant and partner of M/s S.S. Kothari and Company practicing in Chandigarh assured for the completion of formalities to the Company like obtaining necessary permissions. Anil Garg further alleged that Ganesh Abrol was doing the aforesaid work through Pradeep Tuli, Company Secretary.
(3.) The Company in order to avoid delay in execution of the project, talked to the petitioner directly and gave him documents for obtaining permission under Section 118 of the H.P.Tenancy and Land Reforms Act, 1972 (for short 'Act') for purchasing land. The Company had completed all formalities. The D.C. Office, Solan vide letter dated 1.4.2006 informed that necessary formalities have been fulfilled for issuing permission under Section 118. It has been alleged that petitioner informed the Company about the permission granted by the Government. The Company decided to obtain permission for 14 biswas of land also. The Company applied for obtaining permission under Section 118 for 14 biswas land. Lateron it was found that permission obtained by the petitioner under Section 118 of the Act on 12.4.2006 was fraudulent, on this FIR No. 177 of 2006 dated 29.9.2006 was registered at Police Station, Barotiwala under Sections 420, 465, 467, 468 and 471 IPC. The police after completion of investigation has filed challan on 30.3.2010 in the Court at Nalagarh.