Congress Candidate Against Former Haryana CM ML Khattar Granted Bail By Panchkula Court In Defacement Of Property Case

A Panchkula Court has granted bail to Youth Congress leader Divyanshu Budhiraja, who is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar, in 2018 FIR pertaining to the Haryana Prevention of Defacement of Property Act.

Budhiraja has also moved the High Court seeking quashing of a case registered against him for his alleged failure to appear before the trial court in the same FIR.

While hearing the plea for quashing in the High Court yesterday (May 02), Justice Kuldeep Tiwari had allowed request to get instruction whether Budhiraja is ready to surrender or not before the trial Court.

A Panchkula JMIC Court of Judge Arunima Chauhan granted bail to Budhiraja today, after he surrendered before the Court.

In the bail plea it was argued that the offence under Section 4 of the Haryana Prevention of Defacement of Property Act is bailable and compundable in nature.

In December 2023, Budhiraja had been declared as a proclaimed offender by the Chief Judicial Magistrate in Panchkula and a fresh FIR was registered against him in January under Section 174A IPC.

The quashing petition before the High Court stated that Budhiraja was booked in 2018 under Section 3-A of Prevention of Defacement to Public Property Act, 1984 due to "political vendetta." However, he was granted bail in the matter in 2021.

The youth congress leader submitted that his application of exemption from personal appearance was "dismissed in a very arbitrary manner" in 2022 and non-bailable warrant of arrest were issued against him.

He also moved an application for cancellation of the warrant of arrest but, the same was dismissed on the ground that he had not been present before the court.

"That on 15.12.2023 the Court gave a finding that the proclamation issued against the present petitioner was received back duly executed. The petitioner was declared proclaimed person and the intimation was sent to the concerned court. Copy of the order was sent to the police station Sector 14, Panchkula and the present FIR was registered on the basis of order dated 15.12.2023," it adds.

It is alleged that the due procedure was not followed in registration of FIR under Section 174A IPC.

“After declaring the petitioner a proclaimed person, if at all the learned Magistrate had desired and decided to proceed against the petitioner for an offence under Section 174A of IPC, the prescribed course for her was to institute a complaint in writing in the competent jurisdictional Court. Instead of that, the learned trial Court adopted a short but wrong cut and just sent a copy of her orders to the local police for initiation of proceedings under Section 174A against the petitioner (obviously by registration of an FIR) vide order dated 15.12.2023,” the petitioner submitted.

In the light of the above, Budhirajan sought quashing of FIR under registered under Section 174-A IPC and stay of proceedings arising out of it.

The matter is listed for May 07, for further consideration.

Divyanshu Budhiraja v. State of Haryana

Partap Singh and Parth Singh, Advocates for the petitioner.