GURSHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL . Misc. Nos. M -53564 of 2007, Crl. Misc. No. M -54346 of 2007, Crl. Misc. No. M -54347 of 2007, Crl. Misc. No. M -54348 of 2007, Crl. Misc. No. M -55071 of 2007, Crl. Misc. No. M -55121 of 2007, Crl. Misc. No. M -54719 of 2007, Crl. Misc. No. M -6794 of 2008, Crl. Misc. No. M -6795 of 2008 and Crl. Misc. No. M -5890 of 2010 shall stand disposed of by this common order as all the petitions were ordered to be heard together on 19.03.2008. Reply filed by the State, in the present petition, was considered to be reply in all the petitions, as all the petitions arise out of the same FIR. For the sake of convenience, the facts are being taken from Crl. Misc. No. M -53564 of 2007.

(2.) THESE are petitions under Section 482 Code of Criminal Procedure for quashing the FIR No. 55 dated 28.04.2000 under Sections 409, 420, 467, 468, 471 and 120 -B IPC read with Section 13(1)(2) 88 of the Prevention of Corruption Act registered at Police Station Nawanshahr and all subsequent proceedings arising thereto including the report under Section 173 Code of Criminal Procedure dated 23.03.2007 (Annexure P -9).

(3.) THE Petitioners filed Crl. Misc. No. 23093 -M of 2000 praying for quashing of the above mentioned FIR. The same was allowed by the Single Bench of this Court vide Order dated 11.05.2001. The complainants Balraj Singh and another challenged the same before the Hon'ble Supreme Court. Hon'ble the Supreme Court, vide order and judgment dated 29.08.2002, set aside the order of the learned Single Bench by giving opportunity to the Investigating Agency to proceed with the investigation. Thereafter the challan was filed on 21.03.2007. After filing of the challan, the Petitioners, once again, have filed these petitions praying for quashing of the FIR, as well as, the challan. While praying for quashing of the FIR and the challan, Mr. T.S. Sangha, Senior Advocate raised two fold arguments: