SWARAN SINGH. Vs. STATE OF J & K

JUDGEMENT

(1.) Instant petition has been filed seeking quashment of FIR No. 84/2016 registered by respondent No.2 on 13.12.2016 for the alleged commission of offence under Sections 420,467,471,120-B RPC read with Section 5(2) of the Prevention of Corruption Act, 2006 and preliminary inquiry allegedly done before registration of the FIR; with a further direction to the respondents not to proceed with the investigation.

(2.) Brief resume of facts leading to registration of FIR are that on a written complaint of respondent no.3 filed with the Crime Branch, Jammu that the petitioner No. 2 and his father petitioner no.1 have constructed a huge building which has been given to the State bank of India on rent and also installed a petrol pump on the land belonging to the Irrigation department, Jourian. This land is stated to have been encroached with the connivance of the Revenue Department, irrigation Department and the Hindustan Petroleum Company Ltd by managing NOC’s from all the concerned departments which have been issued by the officials of the department in sheer misuse of their official position and that the accused person with intention to cause wrongful loss to the state had managed to obtain fake and fraudulent title over the land. On receipt of the complaint, a preliminary verification was initiated in Crime Branch, Jammu and during the course of verification it was found that the accused persons had encroached a considerable portion of the state land belonging to the Irrigation Department and had constructed a building over the same which has been rented out to the State Bank of India, Branch Jourian and have also installed a Petrol Pump of HPCL under the name and style Ms/ Jhandu Filling Station. It was also found that the then Tehsildar Irrigation Department, Akhnoor, AEE Canal Office New Pratap Canal, Sub Division Akhnoor and Executive Engineer Irrigation Division Akhnnor in furtherance of a criminal conspiracy with Manjeet Singh and Swaran Singh facilitated the encroachment of the said land in sheer misuse of their official position and even issued NOC's in their favour in order to cause wrongful gains to themselves and wrongful loss to the State thereby, prima facie, constituted offences punishable u/s 420. 467, 468, 471, 120-B RPC r/w Section 5(2) of PC Act Svt. 2006, accordingly, a formal case FIR was registered in P/S Crime Branch, Jammu. Further investigation in FIR No. 84/2016 of Police Station, Crime branch, Jammu was stayed by this Court vide order dated 31.12.2016.

(3.) The petitioners have challenged the registration of FIR on the grounds tailored in the petition. The petitioners have submitted that FIR is registered only for harassing the petitioners and a criminal proceeding is manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. It was submitted that the predecessor-in-interest of the petitioner, namely, Sh. Jhandu Ram son of Sh. Lakhu Ram was refugee of 1947. He was allotted, apart from other, a piece of land measuring 2 Kanals 18 Marlas comprised under Kh. No.293 situate at Rakdok (Jourian), Tehsil Akhnoor, Distt. Jammu under 578-C Cabinet order of 1954 and Mutation No.94 of 1982 dated 25.07.1982 was also attested in favour of said Jhandu Ram. After his death, this land was inherited by his two sons, namely, Swaran Singh and Baldev Singh in equal shares, which was endorsed in the revenue record by mutation No.169 Jimon 19.07.1989. Swaran Singh and Baldev Singh were the father and uncle respectively of petitioner No.2 herein, transferred a piece of land measuring 30 Marlas viz. 1 Kanal and 10 Marlas out of Khasra No.293 min Khata No. 45/27 and Khewat No.3 in favour of petitioner No.2 vide Gift Deed and recorded in Mutation No.322. M/s Hindustan Petroleum Corporation Ltd. in order to set up a Petrol Pump/Retail Outlet on said donated land of the petitioner no. 2 approached the Deputy Commissioner, Jammu for issuance of 'No Objection Certificate' for setting up the Retail Outlet (Petrol Pump) on Akhnoor-Jourian Road, at Jourian Town and the Deputy Commissioner, Jammu verified the title, feasibility and ownership of the petitioner No.2 over the land in question, and conveyed 'No Objection Certificate' to the Senior Sales Officer, Hindustan Petroleum Corporation Ltd. Opposite Hotel Asia, Gandhi Nagar, Jammu, subject to the condition imposed by the various departments. After the 'No Objections Certificate' was given by the Deputy Commissioner, Jammu at the land, in question, a Petrol Pump/Retail Outlet was set up by the Hindustan Petroleum Corporation Ltd. in July, 2004. A lease deed was also executed on 15th July, 2005. Later, after having recorded the satisfaction about the feasibility of the setting up of the Petrol Pump, a Lease Agreement was executed in respect of the land, in question, for 30 years, between petitioner No.2 and M/s Hindustan Petroleum Corporation Ltd. on 27th May, 2006 registered on the same date. It was submitted that, a Bank Building has been raised with the proper documentation in favour of the petitioner No.1 and is given on lease to State Bank of India from the past over 12 years. It was further submitted that respondent No.3 who is the nephew of petitioner No.1 and the first cousin of the petitioner No.2 is having a serious grudge against the petitioner no.2 and is already in litigation with the petitioner No.1 which is not only the civil litigation between the parties, but also criminal cases launched against each other. It is only to settle the score, after more than 12 years of the setting up of the petrol pump/retail outlet and the bank building that the respondent filed complaint with Crime Branch, Jammu.