BALWINDER KUMAR SHARMA Vs. STATE OF UT CHANDIGARH

JUDGEMENT

(1.) The present petition has been filed under Ss. 397, 401 read with Sec. 482 of the Code of Criminal Procedure against the order dtd. 31/1/2020, passed by Dr. Gagan Geet Kaur, ASJ, Chandigarh, in CC No. 1/2018 arising from the FIR No. 194/2017 registered at Sector-3, Chandigarh Police Station and now pending in the Court of Learned Principal District and Sessions Judge-Cum-Special Judge (PC Act/CBI), Rouse Avenue Court, New Delhi.

(2.) Briefly stated facts are that on 16/8/2017, the Recruitment Committee of Punjab and Haryana High Court ordered the Registrar (Vigilance) to conduct a fact-finding Inquiry on a complaint. Based on the 'fact-finding Inquiry report' submitted by the Registrar (Vigilance), the High Court of Punjab and Haryana at Chandigarh passed an order dtd. 15/9/2017 in CRM-M 28947 of 2017 directing registration of an FIR against the Petitioner and others and to investigate into the matter. Pursuant to the order, FIR no. 194/2017 was registered under Sec. 409/420/120-B, 201IPC and Sec. 8, 9, 13(1) (d) r/w Sec. 1(2) of Prevention of Corruption Act at Police Station-3, Chandigarh. The Punjab and Haryana High Court also constituted a Special Investigation Team of Chandigarh Police (SIT) to conduct an investigation and monitored the investigation by seeking status reports of investigation and issuing directions from time to time.

(3.) On 5/1/2018, after completion of the investigation, the charge sheet was filed before the Ld. Trial Court against the petitioner and co-accused Sunita on 5/1/2018 and the same was registered as CC No 1/2018, titled State vs Sunita and Ors. Thereafter four supplementary charge sheets have been filed before the Ld. Trial Court against the other co-accused persons.