R K GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is one of the accused in FIR No. 17, dated 30-12-1999 under Sections 406, 409, 420, 467, 468, 471,120-B. Indian Penal Code read with Section 13 of the Prevention of Corruption Act, registered at the Police Station. State Vigilance Bureau, Rohtak.

(2.) The petitioner was working as an Executive Engineer with the HUDA since 1990. In the year 1995, there were heavy floods in the State of Haryana. The roads in various Districts of the State of Haryana were affected. The Haryana Government identified five Districts, namely Hissar. Panipat. Rohtak. Sirsa and Bhiwani for receiving funds for repair of the roads. According to the FIR one Krishan Dass was a Minister in Government of Haryana, who was also the in-charge of HUDA. He therefore, diverted the funds, which were meant for the five Districts only to the District of Rohtak. It is also alleged that the work which was supposed to be executed by the Municipal Corporation was got done by HUDA. A perusal of the FIR prima facie shows that the petitioner was acting on orders received from higher Authorities.

(3.) When the FIR was registered, the petitioner alongwith others filed anticipatory bail application in this Court. This was dismissed vide order dated 11th February. 2000. Against the dismissal of the application for anticipatory bail the petitioner alongwith other co-accused filed Special Leave Petition. During the pendency of the Special Leave Petition the arrest of the petitioner had been stayed subject to joining investigation. The petitioner was directed to face custodial interrogation on a number of occasions. Ultimately, the petitioner withdrew the SLP and made a statement that he shall present himself for interrogation as and when required. Consequently the petitioner appeared in the Court of Judicial Magistrate. Rohtak. He was remanded to police custody for a period of three days. Thereafter, the petitioner has been in judicial custody since 1st December, 2000.