High Court Of Delhi
PANDIT TARA CHAND - Appellant
Versus
STATE OF DELHI - Respondent
Decided On : 07/12/2002
Held:
It is not a fit case for quashing of the FIR since the facts as stated in the FIR do disclose commission of a cognizable offence. In addition to it during investigation statement of Babu Ram has been recorded, who has denied having issued any receipt in favor of the petitioner or his wife. The petitioner himself claims to have applied for license and admittedly he did append with his application and with the application of his wife the receipts, which the complainant claims to have been forged by the petitioner. The petitioner did state that the photo copies of the documents appended by him are true to originals. The petitioner has not produced originals. As such, we are of the view that no case is made out for quashing of the FIR since allegations on the face of it do disclose commission of a cognizable offence.
( 1 ) THE petitioner has sought quashing of FIR no. 290/99 registered at P. S. Sarai Rohilla, District north on 3. 7. 99 for offence under Section 420/468/471 Indian Penal Code, 1860.
( 2 ) THE petitioner has alleged that he is a tenant in property bearing No. 19/310, Sant Swami Bagh, Shehzada bagh, Old Rohtak Road, Delhi 35. Being an old and ailing man of 77 years he had been occupying the property for the last over 45 years and throughout his life he has been actively associated with social work organisations and trade unions and retired as a UDC from Ministry of Defence about 20 years ago. Earlier he had been paying rent to mahant Gian Dass, who was running the trust, which owned the property. After his death his chela Mahant Babu Ram started collected rent. The petitioner has also appended copies of the rent receipts, alleged to have been executed by Mahant Babu Ram and also alleged that he had applied for licence to run factory at the premises for which purpose two rent receipts were also appended by him with the application, on the basis of which Municipal corporation had granted licence to him. He alleged that the petitioner had been facing several litigations initiated by two elder sons and therefore lodging of the fir and carrying out investigation was an abuse of process of law since he was being compelled to produce the original receipts. The same may not be traceable as the same pertain to over 16 years.
( 3 ) NEEDLESS to add that the petitioner alongwith his petition did rely upon the two receipts, alleged to have been issued by Babu Ram and also the licences alleged to have been issued by the Municipal Corporation and in support of the averments made in the petition he filed an affidavit stating that the annexures are the true copies of their respective originals.
( 4 ) THE FIR which is sought to be quashed was registered on the basis of a written complaint of Shri padam Singh claiming himself to be the authorised attorney of Mahant Anil Kumar. The gist of the FIR is that Tara chand has forged the rent receipts and on that basis has procured licences from the Licence Branch of Municipal corporation of Delhi, thus has tried to have control over the property. He was neither inducted as a tenant nor any rent receipts were issued. The FIR reads:-
"one bad character person namely, Tara chand mentioned above has manufactured/forged the rent receipts concerning the property no. 19/310, Sant Swami Bagh (Shahzadabagh ),old rohtak Road, Delhi 110 035. Sh. Tara Chand has shown himself as proprietor of M/s. Krishna Plastic work in rent receipts having sl. No. 202 dated 2,3. 19183 and 201 dated Nil and in the third rent receipt dated 5. 3. 1992, he has shown his wife Shanti Devi as tenant of the property and proprietor of M/s. Shree krishna Plastic works. Tara Chand first got printed these rent receipts and then forged the signatures of one Babu Ram, Chela of mahant Giyan Dassji. It is submitted that shri Babu Ram has nothing to do with the aforesaid property. Neither he has received any rent from Tara Chand nor Babu Ram has signed on any of the rent receipt as mentioned above. The concerned land belongs to a religious society namely Radha Swami Satsang. It is further submitted that Tara Chand has forged the rent receipts for the premises in which he was never given any premises on rent or on licence but to grab the land he has designed and manufactured the aforesaid rent receipts on the basis of the aforesaid forged rent receipts. Tara Chand managed and applied for the factory licence from the Municipal corporation of Delhi, Licensing Branch and he succeeded to get MCD licence No. 79659 in his own name and licence No. C 08585 in the name of his wife Shanti Devi and further on the basis of these municipal licence he has managed to get electricity connection and availed other facilities for which he and his accomplices were not entitled. He has also tried to get complete control over the Radha Swami Satsang and
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