Crl.Misc.No.M-28443 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc. No. M-28443 of 2008
Date of Decision: 3 - 2 - 2009
Surinder Kumar .....Petitioner
v.
State of Punjab .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Pawan Kumar, Sr. Advocate with
Mr.Saqib Ali Khan, Advocate
for the petitioner.
Mr.A.S.Brar, DAG, Punjab
for the respondent.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed by the petitioner under
Section 482 Cr.P.C. for quashing of case FIR No.71 dated 18.12.2006
registered at Police Station Vigilance Bureau, Patiala under Sections 409,
420, 467, 468, 471, 477-A, 120-B IPC read with Sections 13(1)(c)(d)(e)(f)
and 13(2) of the Prevention of Corruption Act.
In the FIR, it has been stated that the stock had been sold one
year prior to the prevailing market rate. An amount of Rs.3,16,95,000/- was
deducted by the Food Corporation of India. What is the role of the
petitioner is subject matter of investigation.
Counsel in the present petition has set out a version that it is
Crl.Misc.No.M-28443 of 2008 [2]
essentially a dispute between Food Corporation of India and Punjab State
Warehousing Corporation and he has nothing to do with the embezzlement
even though paddy was entrusted to him.
Investigation is in progress. Disputed questions of fact are
involved. No ground is made out to entertain the present petition under
Section 482 Cr.P.C. Hence, the present petition is dismissed. Petitioner
will be at liberty to raise all arguments available to him at appropriate stage
before appropriate authority.
( KANWALJIT SINGH AHLUWALIA )
February 3, 2008. JUDGE
RC