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CRM-M-42471-2022 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRM-M-42471-2022

Reserved on:-13.05.2026

Pronounced on:-18.05.2026

Uploaded on:- ___________

Whether only operative part of the judgment is

Pronounced or the full judgment is pronounced: operative part/full judgment

NISHU SINGH ...Petitioner

Versus

STATE OF HARYANA AND ORS. ....Respondents

CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU

Present:- Mr. C.S. Bagri, Advocate and

Dr. Gurjit Kaur, Advocate

for the petitioner.

Mr. Sushil Bhardwaj, Addl. A.G., Haryana.

Mr. Ranvir Singh Arya, Advocate

for respondent No.2.

*****

MANDEEP PANNU, J.

1. Present petition has been filed under Section 482 Cr.P.C. for

quashing of complaint case No. 138 of 2014 titled as “HSPCB versus

Eastern Base” under Section 15 of the Environment Protection Act, 1986,

pending before the learned Special Environment Court, Faridabad, filed by

the Regional Officer, Haryana State Pollution Control Board, along with all

subsequent, incidental and consequential proceedings arising therefrom. The

petitioner has also sought quashing of FIR No. 567 dated 13.09.2019

registered at Police Station Faridabad Central, District Faridabad under

ANU

2026.05.18 18:12

I attest to the accuracy and

integrity of this document

Chandigarh

CRM-M-42471-2022 2

Section 174-A IPC, along with all subsequent, incidental and consequential

proceedings arising therefrom.

2. Brief facts leading to registration of FIR No. 567 dated

13.09.2019 under Section 174-A IPC are that a complaint under Section 15

of the Environment Protection Act, 1986 bearing complaint case No. 138 of

2014 was pending against the petitioner before the learned Special

Environment Court, Faridabad. The petitioner failed to appear before the

Court despite issuance of summons and thereafter bailable warrants as well

as warrants of arrest were issued to secure her presence. Since the petitioner

could not be traced, proclamation proceedings were initiated and vide order

dated 22.08.2019 passed by the learned Special Judge, Environment Court,

Faridabad, the petitioner was declared a proclaimed person. Consequently,

on the basis of the said proclamation order, FIR No. 567 dated 13.09.2019

under Section 174-A IPC came to be registered at Police Station Central

Faridabad.

3. It has been contended on behalf of the petitioner that the

petitioner has wrongly been declared as a proclaimed person and

consequently FIR No. 567 dated 13.09.2019 under Section 174-A IPC has

illegally been registered. It is submitted that the notices, summons, warrants

and non-bailable warrants issued by the learned Trial Court were sent at

addresses where the petitioner neither resided nor carried on any business

activity. It is further contended that the petitioner had already sold the

property in question on 07.05.2010 and at the time of issuance of the said

process, she was neither owner nor in possession of the property where the

alleged illegal construction was stated to have been raised. Learned counsel

ANU

2026.05.18 18:12

I attest to the accuracy and

integrity of this document

Chandigarh

CRM-M-42471-2022 3

for the petitioner has further argued that due to wrong service and non-

availability at the said addresses, the petitioner could not appear before the

learned Trial Court. It has further been submitted by learned counsel for the

petitioner that the petitioner has already surrendered before the learned

Court below and has been granted anticipatory bail in the present case. It is

contended that in view of the aforesaid facts and circumstances, continuation

of further proceedings arising out of FIR No. 567 dated 13.09.2019 under

Section 174-A IPC would amount to abuse of the process of law and would

not serve the ends of justice. Learned counsel has further argued that once

the petitioner has joined the investigation and is facing the proceedings

before the learned Trial Court, continuation of the proceedings under Section

174-A IPC would be unjustified and liable to be quashed.

4. On the other hand, learned State counsel has op