Pandit Tara Chand vs State
2002 Latest Caselaw 1048 Del

JUDGMENT

Devinder Gupta, J.

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 IPC.

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 defense 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 license 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 license 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 Along with his petition did rely upon the two receipts, alleged to have been issued by Babu Ram and also the licenses 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 produced licenses from the license 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 2.3.1983 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 license 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 license from the Municipal Corporation of Delhi, Licensing Branch and he succeeded to get MCD license No. 79659 in his own name and license No. C 08585 in the name of his wife Shanti Devi and further on the basis of these municipal license 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 wrongful gains to himself. It is further informed that life of Tara Chand has a bad character record and he has been a history sheeter of various police station involving in various F.I.Rs. against since 1947. For your kind information I am also enclosing herewith a brief history of the Criminal cases.

I tried best to protect the Radha Swamy Satsang Land being Attorney of Mahant Anil Kumar, but since now I am an old aged person. I request you to take stern action against Tara Chand as per law for grabbing the Radha Swamy Satsang Land cheating forging and for the causing wrongful loss to the Radha Swamy Satsang Land. After along efforts I tried and succeeded only to get photo copies of the forged rent receipts which I am enclosing herewith this complaint. Due to these forged rent receipts Tara Chand and his accomplices have encroached upon the land measuring 1000 sq. yds., valuing more that Rs. 20 lakhs and Tara Chand is also; earning rom this land an amount of Rs. 40,000/- per month in view of the above submissions and in the interest of justice, it is respectfully prayed than an urgent, stern action may kindly be taken against such a bad character, non living in the society as per law and the said land belonging to Radha Swamy Satsang may be got vacated from Tara Chand and the same be handed over to us. Yours faithfully, Padam Singh. Authorised attorney of Mahant Anil Kumar, 14/310, Sant Swami Bag, Shahzada Bagh, Old Rohtak Road, New Delhi-110035, dated 10.2.1999.."

5. The written communication of Padam Singh, on the basis of which FIR was registered was also accompanied with photo copies of rent receipts and other documents. On registration of the FIR investigation was carried on and in reply to the petition Kewal Singh, Dy. Commissioner of Police filed reply affidavit stating that during investigation statement of Mahant Babu Ram, Chela of Mahant Gian Dass was recorded who denied having issued receipts in favor of the petitioner or in favor of his wife Shanti Devi and also denied the signatures on the photo copies of the receipts. It was stated that though there was some litigation as regards the ownership of the property between Mahant Anil Kumar and Mahant Babu Ram there was sufficient evidence on file against the petitioner and his wife of their involvement in commission of the alleged offences. During investigation the petitioner had been issued notices to produce original receipts but he had failed to produce the same.

6. During pendency of the petition an application was also filed (Cr.M.619/2002) by Shri Padam Singh, at whose behalf FIR was registered for being imp leaded as a party.

7. Learned counsel for the parties were heard at length.

8. Learned counsel for the petitioner contended that since possession of the petitioner was not disputed since 1982 and no offence of cheating was made out it was a fit case where FIR deserves to be quashed. He referred to various provisions of IPC, namely, 415, 417, 420, 463, 464, 465 and 467 stating that no offence is made out from bare reading of the allegations as made in the FIR and on the admitted facts.

9. Having considered the submissions made at the bar in the light of the decision of Supreme Court in State of West Bengal and Ors. v. Swapan Kumar Guha and Ors. are of the view that 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.

10. Dismissed. Interim order is vacated.