Sri Krishan vs State of Haryana

V.K. Bali, J. (Oral)

Sri Krishan through present petition filed by him under Section 482 of the Code of Criminal Procedure seeks quashing of FIR No. 501 dated 17.12.1990, Annexure P1, under Section 10 of the Haryana Development Regulation of Urban Area Act, 1975 (for short the Act) pertaining to Police Station City, Sirsa and consequent proceedings that were initiated against him and which are stated to be pending before the Chief Judicial Magistrate, Sirsa.

The core of allegations against the petitioner is that he sold 24 Kanals 10 Marlas of land vide various sale deeds from 10.4.1990 to 2.5.1990 in contravention of Section 10 of the Act. In the notice that has been given to the petitioner, it has been mentioned that he was also one of the owners of the plots, subjectmatter of sale.

It is positive case of the petitioner that he is son of the original owner and is holding attorney and that being so, criminal liability cannot be fastened upon him and, if at all, his father could be prosecuted as it is his wishes which were translated by him for selling the plots being attorney only.

There appears to be considerable force in the contention of the learned counsel for the petitioner. Attorney acts only at the behest and instance of the owner. It is his wishes which he translates on the basis of attorney executed in his favour and it is the owner selling the land, who can possibly be prosecuted and convicted under the provisions of Section 10 of the Act. Mr. Duhan, learned AAG, Haryana, has not been able to defend the cause of petitioner on any meaningful argument nor has he brought to the notice of this Court any provisions of the Act or Rules that might entitle the investigating agency to prosecute an attorney of the owner.

That being so, the FIR against the petitioner is quashed. However, it shall be open for the prosecution to prosecute owner of the property in accordance with law.

Disposed of accordingly.

JUDGMENT accordingly.