INDER MOHAN GULERIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A complaint was made to the police that Ajay Parashar, Tehsildar, Sadar, Mandi, H.P. had purchased benami property in Mandi and Nerchowk area through property dealers and agents. One plot bearing Khasra No. 4438/3016/2701/1 was purchased in Mohal Tarna as per Mutation No. 600013, dtd. 17/7/2012 from Tilak Singh as a bribe. The Tehsildar had accumulated property more than his income. The police conducted the investigation and found that Khasra No. 4438/3016/2701/2, measuring 276-23 was sold vide Sale Deed No. 1173/2012, dtd. 17/7/2012 for ?8,75,000/-. Its market value was shown to be ?20,78,000/-. An amount of ?1,03,900/- was deposited on 17/7/2012. The registration fee of 2% amounting to of ?41,500/- was not deposited on 17/7/2012 but it was deposited on 9/8/2012 after 23 days. As per the report of Tehsildar, Sadar, rt Mandi and statements of Pradeep Kumar and Hari Ram, Inder Mohan had prepared the plots of his land bearing Khasra No. 4438/3016/2701/2, Khasra No. 276.63 sq. mtrs. in the year 2011.

(2.) The petitioner filed the present petition for quashing of the FIR and the consequent proceedings. It has been asserted that the petitioners are innocent and they were falsely implicated. There is no evidence that the market value of the of piece of the land was ?15,000/- per sq. mtrs. This is merely a rt guesswork. The petitioner was directed to deposit the shortage of registration fee and stamp fee which have been deposited.

(3.) I have heard Mr. Narender Guleria, learned Counsel for the petitioners and Mr. Prashant Sen, learned Deputy Advocate General for respondent-State.