DHANI RAM CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . For the reasons to believe that he might be arrested in a case FIR No. 17 dated 25.9.98 P.S.SVB(H) Rohtak, under Section 13(1)(e) of the Prevention of Corruption Act, 1988, Shri Dhani Ram, Executive Engineer working in Public Health, Design and Planning Division, Sonepat, has filed the present petition under Section 438 of the Code of Criminal Procedure in the High Court. It may be mentioned here that earlier the petitioner filed the application under section 438 Cr.P.C. before the learned Special Judge, who for the reasons given in para No. 7, 8, and 9 of his order dated 20.9.1999, dismissed the application. Paras No. 7, 8 and 9 of the order dated 20.9.1999, are reproduced as under :-

(2.) INSPECTOR Hari Chand of the State Vigilance Bureau, District Sonepat, was entrusted to conduct the enquiry into the allegations against the petitioner that he amassed wealth disproportionate to the known sources of income. This enquiry was also against S.D.O. and one Junior Engineer. The Police Inspector concluded that there was no sufficient evidence to proceed against the Sub Divisional Officer and the Junior Engineer but there were grounds to register a criminal case against the petitioner Shri Dhani Ram Chaudhary, Executive Engineer, Public Health, Sonepat.

(3.) DURING the course of inquiry, it further came to the notice of the Inquiry Officer that the petitioner has a son of the name of Hemant Chaudhary who has installed a stone crusher worth Rs. 40 lacs near Yamunanagar. Mr. Hemant Chaudhary had raised a loan of Rs. 18,77,000/- from the State Bank of Patiala but the remaining amount of Rs. 21,23,000/- could not be explained by him and the enquiry officer arrived at the conclusion that accused Dhani Ram Chaudhary had made available to his son the amount of Rs. 21,23,000/- from the illegal wealth assessed (amassed ?) by him through unfair means. It was concluded by the Inquiry Officer that the accused had thus clearly assessed wealth to the tune of Rs. 18,29,590/- only beyond his known sources of income. On these broad allegations, the present FIR has been registered.