High Court Punjab-Haryana High Court

Gurbachan Singh And Others vs State Of Punjab And Another on 3 October, 2008

Punjab-Haryana High Court
Gurbachan Singh And Others vs State Of Punjab And Another on 3 October, 2008
Criminal Misc. No.M-44780 of 2008                              -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH

                         Criminal Misc. No.M-44780 of 2008
                         Date of decision : 3.10.2008

Gurbachan Singh and others                             .....Petitioners

                         Versus
State of Punjab and another                            ...Respondents

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CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present:     Mr. Ravi Chaudhary, Advocate for
             Mr. Om Pal Sharma, Advocate for the petitioner.

             Ms. Manjari Nehru, Deputy Advocate General, Punjab.

             Mr. G.S.Kaura, Advocate.


S. D. ANAND, J.

The present plea for quashment of FIR No.35 dated

19.4.2007 under Sections 420, 467, 468, 471, 120-B IPC and 13 (1)

(d), 13(2) of the Prevention of Corruption Act, Police Station,

Adampur Sahib deserves to be rejected. The reasons therefor are

as under:-

Petitioner no.1 was Numberdar of the village Langmajri

Petitioner No.2 was posted over there as Revenue Patwari; while

petitioner no.3 was a member panchayat of Tarf Bass Ganaru of

village Agampur. The investigating agency is into the act to find out

the truthfulness or otherwise of the allegations that petitioners were

accountable for having acted on the basis of a forged exchange
Criminal Misc. No.M-44780 of 2008 -2-

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deed dated 28.5.2000. The petitioners are alleged to have acted in

the context at the behest of their immediate Boss posted as Naib

Tehsildar at that point of time.

The investigation has not yet concluded. The purpose of

investigation is to find out the correctness or otherwise of the

allegations. If the process of investigation is thwarted, it would not

be possible for the investigating agency to arrive at a conclusion

either way. The present is not a case in which no offence

whatsoever is apparently made out on the basis of the allegations

levelled in the course of the FIR. The present is also not a case in

which it can be outrightly said that allowance of investigation would

amount to abuse of process of law.

In the light of the fore-going discussion, the petition shall

stand dismissed.

October 03, 2008                                 (S. D. ANAND)
Pka                                                   JUDGE

Note: Whether to be referred to Reporter: Yes/No