Harbans Lal, J. - (1.) THIS is a Petitioner under Section 482, Code of Criminal Procedure, (hereinafter called the Code), for quashing First Information Report No. 59 dated March 1979, registered in Police Statin Bhuna, District Hissar, at the instance of one Mohinder Singh.
(2.) ACCORDING to the allegations made in the said first information report, Mohinder Singh after selling his land for Rs. 30,000/ -on January 9. 1978, in favour of one Karnail Singh, purchased truck No. PUK. -286, (hereinafter called the truck, in a question), from Sohan Singh, accused Petitioner. for Rs. 64.000/, on January 4, 1978, when Rs. 26,00O/ -wora paid out of the sale consideration Thereafter, the two instalments of Rs, 1,700/ - were paid by him to the said Sohan Singh On June 1. 1978, when the accused Petitioner got this truck from Mohinder Singh on the plea that he needed the same for filing the earth at his own house At that time, all the relevant papers regarding the ownership as well as the affidavit showing the transfer of the truck, registration papers, routes, permit insurance papers etc Were also in the said truck As the truck was not delivered to Mohiader Singh according to the premise, Mohinder Singh, in the presence of some persons whose names are mentioned in the first information report, approached. Sohan Singh for the return of the same and also all the papers relating there to. Sohan Singh however, put off the return of the truck and the said papers, on one plea or the other. Towards the end of the first information report, the allegations made is in the following words: Sohan Singh stated to the Petitioner that the papers be made in his favour otherwise he will destroy the writing was given to the petitioner regarding purchase of truck" On the basis of these; allegations, the case was registered against the Petitioner, under Sections 406 and 420, Indian Penal Code. Mr. Harbhagwan Singh, the learned Counsel for the Petitioner, has strenuously urged that from a mere perusal of the first information report, no offence whatsoever, is made out against the Petitioner, and, therefore, the first information report deserves to bo quashed. Emphatic reliance in support of this proposition has been placed on Dr. Shankar Singh Ganda Singh v. State of Punjab, (1954) 56 P.L.R. 54 and R.P. Kapur v. State of Punjab : A.I.R. 1960 S.C. 866.
(3.) IN Dr. Shankar Singh's case (supra), it was held by Falshaw, J., (as he then was), that the High Court will ordinarily interfere under Section 561 -A, Code of Criminal Procedure, 1898, only in such circumstances where the prosecution allegations even if true, do not disclose any offence, or even if the allegations if true do disclose any offence, but there is no evidence to support them.;