The High Court will not exercise inherent powers under Section 482 Cr.PC to quash a negative final report if alternative legal remedies are available and no exceptional circumstances warrant such intervention.

Order

11/01/2024

1. Instant criminal miscellaneous petition u/s 482 Cr.PC has been preferred by a company namely M/s Pas Construction and Engineering Company Private Limited through its Director, feeling aggrieved by submission of negative final report by the Investigating Officer, in FIR No.534/2012 registered on 03.10.2012 at Police Station Ramgarh, District Alwar for offences u/s 420, 120-B, 467, 468 & 471 IPC , which has been accepted by the Court of Judicial Magistrate, First Class, Ramgarh, Alwar vide order dated 05.09.2013 and petitioner has prayed to set aside the same so also to issue directions for further investigation on the aforesaid FIR.

2. Heard learned counsel for both parties and perused the record.

3. It appears from record that the captioned FIR No.534/2012 came to be registered on instructions of the concerned Tehsildar & Sub- Registrar, Ramgarh, Alwar through a fourth-class employee of Tehsil Ramgarh namely Sh. Dharmveer on 03.10.2012, in the backdrop of facts that a deed of conveyance dated 14.09.2012 was presented before the Sub-Registrar for execution/registration in respect of agricultural lands of Khasra Nos. 343, 344, 345, 346, 349, 350 and 351 measuring 3.44 hectares situated at Village Chandigarh, Tehsil Ramgarh, District Alwar on 21.09.2012. This conveyance deed was presented by and on behalf of petitioner-Company namely “M/s Pas Construction and Engineering Company Private Ltd.”, registered Office 803, Madhuban- 55, Nehru Place, New Delhi-19, through its Director Sh. Dharmendra Singh, in favour of prospective purchasers. The concerned Tehsildar, before execution/registration of the sale deed, asked to produce the original documents pertaining to the property under sale, whereupon the parties left from the Sub-Registrar Office, leaving the original deed of conveyance in the office of Tehsildar. Having apprehension about genuineness of the deed of conveyance, on enquiry it prima facie revealed to the concerned Tehsildar that on the basis of fake record, seller Dharmendra Singh sought to sale others’ property to the purchasers through this deed of conveyance. Therefore, on instructions of the concerned Tehsildar, through a fourth-class employee of Tehsil Ramgarh, the FIR was registered at Police Station Ramgarh, District Alwar for offences u/s 420, 120-B, 467, 468 & 471 IPC against alleged seller Dharmendra Singh and prospective purchasers etc.

4. It is not in dispute that the alleged deed of conveyance has never been executed and registered before the office of Sub-Registrar, Ramgarh, since prior to its registration and at the time of presentation for registration itself, the FIR came to be registered in respect of preparing this conveyance deed on the basis of fake documents.

5. It appears that the investigation on the said FIR was initiated. As per investigation report, the Investigating Officer enquired about the registration certificate of M/s Pas Construction and Engineering Company Private Ltd (hereinafter referred as “the Company”) from the Companies Registrar Office of Haryana and Delhi. It transpired that the company having Registration No. U74899DL1980PTC01041 is registered, of which the Director is Sh. Anil Kumar Rekhi. Later on, the investigation was transferred to Sub-Inspector, who made interrogation from Dharmendra Singh as well. In the investigation, it came on record that Sh. Dharmendra Singh claimed himself to be the Director of M/s Pas Construction and Engineering Company Pvt. Ltd. so also proprietor of one Hightop Trading Private Ltd. He stated that his maternal uncle namely Sh. Charanjeet Singh Rekhi made him director to the company and some documents, showing the name of Dharmendra Singh having connection with the Company, were presented before the Investigating Officer. It has been submitted that after investigation, the Investigating Officer submitted negative final report with findings that the FIR was registered by the Tehsildar & Sub-Registrar under some misconception of fac