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