Punjab-Haryana High Court
Alamjit Singh Mann vs Ut Chandigarh And Ors on 30 August, 2024
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
Neutral Citation No:=2024:PHHC:113188
CRM-M-34227-2022 -1-
228 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-34227-2022
Reserved on : 23.08.2024
Pronounced on: 30.08.2024
Alamjit Singh Mann ..... Petitioner
Versus
UT Chandigarh and others .......Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present: Mr.Bipan Ghai, Senior Advocate with
Mr. Nikhil Ghai, Advocate,
Mr. H.S.Rajput, Advocate,
Mr. Nikhil Thamman, Advocate and
Ms. Malini Singh, Advocate, for the petitioner.
Mr. Rajeev Anand, Addl.PP, UT, Chandigarh
for respondents No.1 and 3.
Mr. Shobit Phutela, Senior Panel Counsel for
respondent No.2 (through VC).
Rajesh Bhardwaj, J.
1. Instant petition has been filed under Section 482 Cr.P.C.
praying for quashing of FIR No.06 dated 19.01.2022 registered under
Sections 419 and 120-B IPC (Sections 471, 473, 120-B IPC and Section 66-
D of IT Act added lateron), at Police Station Sector-19, Chandigarh
alongwith all the subsequent proceedings arising therefrom.
2. As per facts of the case, Ajay Singh, Deputy Director O/o
Directorate of Enforcement/Government of India (Foreign Exchange
Management Act & Prevention of Money Laundering Act), lodged the
present FIR on the allegations that Girish Tyagi and Jitender Kumar were
impersonating as officers of Enforcement Directorate. It was alleged that no
such persons were posted in the office of Directorate as claimed by them. It
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was apprehended that they are likely to cheat gullible persons and thus,
necessary action under the relevant Sections be taken against them. After
lodging the FIR, name of present petitioner surfaced on the basis of the
disclosure statement of co-accused Girish Tyagi @ Taranjit Singh and thus,
he was nominated as an accused in the present FIR. Hence, the petitioner
has approached this Court praying for quashing of the FIR as there is no
evidence against him to substantiate the disclosure made by the co-accused.
3. It has been vehemently contended by learned Senior Counsel
for the petitioner that the petitioner has been falsely and frivolously
implicated in the present case. He has submitted that the petitioner has been
made a scapegoat in the present case as he has earned wrath of the senior
officers, against whom he started campaigning to make the people aware of
the corruption and malpractices. It is submitted that neither the petitioner
was named in the FIR nor there was any allegation made against him.
However, simply on the basis of the disclosure statement of co-accused
Girish Tyagi @ Taranjit Singh, he has been clandestinely roped in the
present case. It is submitted that on 18.01.2022, the petitioner gave a
complaint against accused Girish Tyagi to Income Tax Department and on
21.01.2022, he gave another complaint against Girish Tyagi to Enforcement
Directorate through email. However, the petitioner was arrested on the same
day i.e. on 21.01.2022. It is submitted that the petitioner was brought before
learned JMIC, Chandigarh on 22.01.2022, where police remand of five days
was sought vide application dated 22.01.2022. He submits that learned
Magistrate vide a detailed order dated 22.01.2022, declined the same
finding no material against the petitioner. He has submitted that the
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Investigating Agency assailed this order by way of filing revision petition
before learned Additional Sessions Judge, Chandigarh, who vide order
dated 28.01.2022 remanded back the case to learned Magistrate. It is
submitted that on remand, learned Magistrate passed a fresh order on
01.02.2022 on the application of remand and allowed the Police to
interrogate the petitioner while he was in judicial custody, confined in
Central Jail Bathinda. It is submitted that thereafter, the petitioner was
granted regular bail by this Court vide order dated 22.03.2022. On
completion of investigation, the Investigating Agency filed the charge-sheet
under Section 173(2) Cr.P.C., which is pending for framing of charges. He
has vehemently contended that the petitioner himself is the victim of
impersonation whereby he was induced by accused Girish Tyagi who
portrayed himself as Taranjit Singh by changing appearance of an aged bed
ridden old person. He submits that the petitioner is a social worker and
known for his generosity for helping the poor and needy people. It is
submitted that the petitioner transferred an amount of Rs.20,000/- to
Taranjit Singh on 10.01.2022, who lateron was discovered as Girish Tyagi.
It is further submitted that Girish Tyagi contacted the petitioner through
petitioner’s website, where he gave his number to the petitioner through
pop-ups/comments over the posts of the petitioner. He has drawn the
attention of this Court to the whatsapp chat/video recording of the petitioner
with Girish Tyagi, which reads as under:-
“VIDEO RECORDING 1
(2 Minutes 41 Seconds)
Date: 23rd November 2021
Time: 19:053 of 13
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Girish Tyagi:- Bahut ache dost hai hum, ikathe pade hain. Hum
LUCKNOW mein ikathe the Voh abh Punjab shift
ho gaye hai. 91 mein Punjab aa gaye the.
Alamjit Singh Mann:- Ok, Ok. Aap Delhi mein kaha bethte ho?
Girish Tyagi:- Mai, South Block mein.
Alamjit Singh Mann: Department Sir kaun sa hai pura?
Girish Tyagi: Apna Home Affairs Ministry.
Alamjit Singh Mann:- Ok, Home Affairs Ministry. Vaha pe as a kya post
hai aapki?
Girish Tyagi- Mai Amit Shah ji ke saath hi hu.
Alamjit Singh Mann:- Ok, Ok. Usme kya post hai aapki vaha pe?
Girish Tyagi:- Mai Amit Shah ji ke jo Principal Secretary hai,
unka Assistant hu.
Alamjit Singh Mann:- Ok Ok Ok
Girish Tyagi:- Toh, saara mai hi dekhta hu, saara mai hi dekhta
hu.
Alamjit Singh Mann:- Mai samaj geya aapki baat.
Girish Tyagi:- Aaj meeting thi ED mein. Toh, voh file leke bethe
hue the, one by one usko dekh rahe hai.
Alamjit Singh Mann:- Ok Ok ji.
Girish Tyagi:- Kyunki election mein yeh sabh files khulengi.
Alamjit Singh Mann:- Hanji Hanji, bilkul bilkul.
Girish Tyagi: Yeh hi right time hai.
Alamjit Singh Mann:- Ha, bilkul bilkul. Hai bhi yeh right time hai ji.
Balki maine toh Sir ek do baari Amit Shah ji se
time bhi manga hai. Even mere ko na apki Home
ki chithi bhi aai thi piche.
Girish Tyagi:- Acha
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Alamjit Singh Mann:- In officers ke against mere ko chithi aai thì ki
aap hume aake mil Ike jao. Phir meri unse baat bhi
hui thi kisi bande se vaha peGirish Tyagi:- Acha Acha. Koi nahi aap mujhe na yeh detail
bhejiye. Aur mai aapko na unka apne friend ka
number bhejunga. Agar aapAlamjit Singh Mann: Nahi Nahi, bhejo Sir.
Girish Tyagi:- Unko mera pata nahi lagna chahiye. Pata nahi
lagna chahiye.
Alamjit Singh Mann:- Nahi Nahi Nahi mai unko bataunga nahi.
Koi aisi baat nahi hai. Toh aap mere ko unka
number bhej do. Mai apne tarike se baat karunga.
Jitni meri maximum se maximum jo uski help hogi
na, voh mai zaroor karva ke dunga.
Girish Tyagi: Ha please ha. Mai bas yehi chahata hu na bas thoda
sa na yeh study puri karvale aur thoda sa settle sa
ho jaye.
Alamjit Singh Mann:- Mai keha ji, mai uski study ke baare mein hi
sochunga. Uska study ka jo hai na. feese fuse vo
saara na, mai vo saara na uniform, feese vagera na,
aur bhi jo hoyegi toh, dekho mai toh kisi NGO se
na kabhi apni kisi line mein koi paisa liya hai.
Girish Tyagi:- Mai samaj geya hu. Maine aapki story padi thi
saari. Mai bahut appreciate karta hu aapko. Ek
paisa liye bina, uske bawajud bhi itni help kar rahe
hai logo ki.
Alamjit Singh Mann:- Bas bas bas. Mujhe parmatma ne bada kuch diya
hai. Bache mere NRI hai aur itna kuch de diya hai
ki mai aapko bata nahi sakta Sir.
Girish Tyagi:- Voh Parmeshwar saath hai aapke, Bhagwan saath
mein hai.
Alamjit Singh Maun:- Bas Bas Bas ji. Toh Sir aap mere ko number bhej
do. Koi baat nahi. Toh mai aapko whatsapp karta
hu abhi Sir.
Girish Tyagi:- Theek hai, theek hai, theek hai.
Alamjit Singh Mann:- Ok Sir, Ok Bhai Sahib. Sat Sri Akal
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Girish Tyagi:-. Thank you Bhai Sahib.
Alamjit Singh Mann:- Welcome
Girish Tyagi Ok Bye
Alamjit Singh Mann- Bye"
4. With regard to payment of Rs.20,000/- by the petitioner to
Grish Tayagi, it has been submitted by learned Senior Counsel for the
petitioner that on 09.01.2022, Taranjit Singh @ Grish Tayagi told the
petitioner that daughter of one Mona resident of Jalandhar is in need of
money for applying plaster and for the same, she needed Rs.20,000/- and
thus, on the request of Taranjit Singh @ Grish Tayagi the petitioner
transferred Rs.20,000/-with a view to help that child for her treatment. The
relevant whatsapp chat is reproduced as below:-
“Sir abhi hospital hu plaster lag raha hai, Ghar pahuch kar
bhejta hum. RegardsUncle sat shri aakal…..
M ohna di beti a uncle ah address aa…
Ujala Nagar near shevi patshahi gurudwara. Basti Sheikh, Ghaa
mandi, JalandharDsp amroz singh ka phone aya tha
Mujhe nahi lagta app t singh ki help karoge. Chalo do lasho ka
kriya karam or kar dena. Good night.Ek ye hai
Your money transfer of Rs.20,000/- was successful.
Transferred to: 2201000105164640
Amount: Rs.20,000/-
Reference No.IMPS201021337570
Date: 10 Jan 20226 of 13
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Remarks: Other”
5. Learned Senior counsel has submitted that in view of the above
whatsapp chat, no allegation is made out against the petitioner that he is
helping or instigating Girish Tyagi @ Taranjit Singh for impersonating as
ED Officer. It is submitted that the petitioner was roped in the instant FIR
due to enmity with the senior officers against whom the petitioner filed
numerous complaints. One of the detailed representation submitted by the
petitioner is dated 05.02.2021. It is submitted that the Investigating Agency
has scrutinized the whatsapp chat and six different mobile phones including
four of the petitioner have been seized. However, nothing incriminating
could be found against the petitioner who himself has fallen victim to this
Girish Tyagi. He submits that there are various civil dispute pending before
various forums with respect to the land of the petitioner situated in
Zirakpur, SAS Nagar in which Directors/partners of MMD Infrastructure,
namely, Amit Nanda and his associates are in litigation with the petitioner.
He submits that there are four FIRs which pertain to the civil litigation of
the petitioner regarding his land. It is submitted that during the
investigation, there was not even a single witness found by the Investigating
Agency who deposed against the petitioner rather they have given a
statement against co-accused Girish Tyagi @ Taranjit Singh. However, the
Investigating Agency has left no stone unturned to implicate the petitioner
only in order to settle the score with him. He submits that no recovery
whatsoever was effected from the petitioner and no allegation of any fake
ID Card of CBI/ED officers was mentioned in the remand application filed
by the Police. However, the same was planted by the Chandigarh Police in
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order to further harass the petitioner. He submits that recovery of fake ID
Cards of CBI/ED officials for the first time was mentioned to add offences
under Section 471 & 473 IPC and offence under Sections 467 & 468 IPC.
He submits that when after a thorough investigation, no victim was found
by the Investigating Agency, the allegations made against the petitioner
regarding committing of the offences, are not substantiated, the false
implication of the petitioner is writ large. It is submitted that only in order
to harass the petitioner, he has been termed as habitual offender, whereas,
FIR No.105 dated 08.04.2019, FIR No.267 dated 20.06.2020 & FIR No.308
dated 23.05.2021, pertain to dispute regarding the land of the petitioner and
the same has no concern whatsoever with the allegations made against the
petitioner in the impugned FIR. He has relied upon the judgment of Hon’ble
Supreme Court in State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC
335 and has submitted that once on the bare reading of the FIR no case is
found to have been made out against the petitioner, such prosecution is
nothing but an abuse of the process of the Court, hence the FIR in question
deserves to be quashed.
6. Learned counsel for UT, Chandigarh has opposed the
submissions made by learned Senior Counsel. He has submitted that though
the petitioner is not named in the FIR, however, his name is surfaced during
the interrogation of the co-accused. He submits that co-accused Girish
Tyagi @ Taranjit Singh made a disclosure statement regarding the
involvement of the petitioner and thereafter, recovery of fake ID Cards of
CBI/ED officials was effected from him. It is submitted that there are four
other FIRs against the petitioner and thus, he is a habitual offender. He
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submits that FIR was lodged on the complaint of Deputy Director O/o
Directorate of Enforcement/Government of India and thus, there is prima
facie case found against the petitioner and hence, he has been rightly
challaned by the Investigating Agency. Thus, he has submitted the present
petition being devoid of any merit, deserves to be dismissed.
7. Learned counsel for respondent No.2 has also opposed the
submissions made by learned Senior Counsel and argued on the same line
of learned counsel for UT, Chandigarh. He has submitted that challan has
already been filed in the present case and the questions raised herein would
be appreciated by the trial Court after conclusion of the trial. He submits
that there being no merit in the present case, the same deserves to be
dismissed.
8. Heard.
9. After hearing learned counsel for the parties and perusing the
record, it is apparent that the impugned FIR was registered on the complaint
filed by respondent No.2. The allegations made in the complaint were
against Girish Tyagi @ Taranjit Singh and Jitender Kumar regarding
impersonation as Enforcement Directorate Officers. Respondent No.3- UT,
Chandigarh registered the FIR and commenced the investigation. During the
investigation, a disclosure statement of the co-accused Girish Tyagi @
Taranjit Singh was recorded, who made the allegations against the petitioner
regarding instigating him for cheating the high profile politicians and
bureaucrats. It was contended by learned State counsel that the petitioner
used to provide phone numbers of these high profile persons and then both
these accused in conspiracy used to cheat the victims. As deciphered from
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the record, the investigation is complete and the challan under Section
173(2) Cr.P.C. has been filed. Though the allegations against the petitioner
are regarding instigating co-accused, however, the prime evidence collected
against the petitioner is the disclosure statement of the co-accused and
recovery of some fake ID cards of CBI/ED Officers. However, on repeated
queries, counsel for the State was not able to point out the victims who had
fallen prey to the petitioner. Thus, there is no material found against the
petitioner showing that the petitioner had impersonated any
officer/politician or the person whom he might have cheated. Disclosure
statement of the co-accused in itself is not an admissible evidence. Perusal
of the four FIRs on the basis of which the petitioner was termed to be
habitual offender would show that the same pertains to civil dispute of the
petitioner with one Amit Nanda regarding his landed property, details of
which are as follows:-
Sr. Particulars Status
No.
1. FIR No. 105/2019 u/s 420, 120-B FIR quashed vide order dated
IPC P.S. Zirakpur 18.08.2023 in CRM-M-19471
of 2023.
2. FIR No.37/1995 u/s 420, 467, 468, Acquitted by LD. JMIC,
471, 120-B IPC P.S Sector 36, Chandigarh
Chandigarh
3. FIR No.267/2020 u/s 406, 120-B IPC FIR Quashed vide order dated
and section 82 of Registration Act, 18.08.2023 in CRM-M-19461
1908 P.S. Zirakpur of 2023
4. FIR No.308/2021 u/s 406, 420, 120-B FIR quashed vide order dated
IPC P.S. Zirkapur 18.08.2023 in CRM-M-19165
of 2023
10. These FIRs have nothing to do with the allegations as made
against the petitioner in the impugned FIR. Whatsapp chats appended with
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the petition would also reflect that the co-accused was trying to influence
the petitioner portraying himself to be well connected person. Perusal of the
first remand application filed by the Police would also show that there were
no allegations regarding recovery of alleged fake ID cards of CBI/ED
officials and hence, the same was rejected by learned Magistrate. On
remand by learned Additional Sessions Judge, the alleged recovery was
incorporated. Thus, in the overall facts and circumstances of the case, no
substantial evidence is on the record justifying the prosecution of the
petitioner.
11. The judgment relied upon by learned Senior Counsel is fully
applicable to the case in hand. Hon’ble Supreme Court in Bhajan Lal’s
(supra) has as under:-
“107. In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapter XIV and of the
principles of law enunciated by this Court in a series of
decisions relating to the exercise of the extraordinary power
under Article 226 or the inherent powers under section 482 of
the Code which we have extracted and reproduced above, we
give the following categories of cases by way of illustration
wherein such power could be exercised either to prevent abuse
of the process of any Court or otherwise to secure the ends of
justice, though it may not be possible to lay down any precise,
clearly defined and sufficiently channelised and inflexible
guidelines or rigid formulae and to give an exhaustive list of
myriad kinds of cases wherein such power should be exercised.
1. Where the allegations made in the First Information
Report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
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the accused.
2. Where the allegations in the First Information Report
and other materials, if any, accompanying the F.I.R. do
not disclose a cognizable offence, justifying an
investigation by police officers under Section 156 (1) of
the Code except under an order of a Magistrate within
the purview of Section 155(2) of the Code
3. Where the uncontroverted allegations made in the FIR
or complaint and the evidence collected in support of the
same do not disclose the commission of any offence and
make out a case against the accused.
4. Where, the allegations in the F.I.R. do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
Section 155(2) of the Code.
5. Where the allegations made in the F.I.R. or complaint
are so absurd and inherently improbable on the basis of
which no prudent person can ever reach a just conclusion
that there is sufficient ground for proceeding against the
accused.
6. Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) to the
institution and continuance of the proceedings and/or
where there is a specific provision in the Code or the
concerned Act, providing efficacious redress for the
grievance of the aggrieved party.
7. Where a criminal proceeding is manifestly attended
with mala fide and/or where the proceeding is
maliciously instituted with an ulterior motive for
wreaking vengeance on the accused and with a view to
spite him due to private and personal grudge.
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108. We also give a note of caution to the effect that the power
of quashing a criminal proceeding should be exercised very
sparingly and with circumspection and that too in the rarest of
rare cases; that the Court will not be justified in embarking
upon an enquiry as to the reliability or genuineness or
otherwise of the allegations made in the F.I.R. or the complaint
and that the extraordinary or inherent powers do not confer an
arbitrary jurisdiction on the Court to act according to its whim
or caprice.”
12. In view of the law settled by Hon’ble Supreme Court in above
said cases, this Court is of the view that prima facie the ingredients of the
offence alleged against the petitioner, are not made out from the material
relied upon by the Investigating Agency. So the prosecution of the
petitioner in the present case will be a futile exercise.
13. Keeping in view the above discussion and the law settled by
Hon’ble Supreme Court, the present petition is allowed. FIR No.06 dated
19.01.2022 registered under Sections 419 and 120-B IPC (Sections 471,
473, 120-B IPC and Section 66-D of IT Act added lateron), at Police Station
Sector-19, Chandigarh alongwith all the subsequent proceedings arising
therefrom is quashed qua the petitioner.
(RAJESH BHARDWAJ)
30.08.2024 JUDGE
sharmila Whether Speaking/Reasoned : Yes/No
Whether Reportable : Yes/No
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