SHINGARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHINGARA Singh, petitioner, has filed this petition under section 482 of the Code of Criminal Procedure (in short the 'Code') for quashing FIR No. 17 dated 18.5.1994, registered at Police Station Tanda, District Hoshiarpur, for the offence under Sections 420, 468, 114 and 120-B IPC.

(2.) THE petitioner's case is that he has been falsely implicated in this case due to enmity. Even the parents of the students have given in writing that no illegal gratification was paid. Copy of the some is Annexure P-1. They have specifically stated that they obtained the certificates of their children of their own in March, 1993 and got them admitted in a private school. They have no grouse against the Headmaster or any other teacher of the Government Middle School, Jalalpur. They also stated that certain persons are levelling false and baseless allegations against the Headmaster and the teachers of the school. Taking support from Annexure P-1, which is stated to be signed by the respondents of village Jalalpur, where the School is situated and certain other affidavits of the parents filed during the pendency of the petition, it is averred that the proceedings may be quashed.

(3.) AT the time of motion hearing on October 11, 1994, further proceedings pursuant to FIR No. 47/94 dated 18.5.1994 were stayed till further orders. Crl. Misc. 9455 of 2000 has been filed by the State for vacation of the stay order. It is clear that on account of the operation of the stay order, the prosecution has not been able to file the challan in the Court. Sanction for the prosecution of the accused under Section 19 of the Prevention of Corruption Act has already been accorded by the Director, Education Department (S), Punjab, Chandigarh.