DES RAJ PATWARI Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been moved under Section 482 of the Code of Criminal Procedure. 1973, alleging that Shri Mukhtiar Singh Inspector of Vigilance Bureau, Patiala, had no authority to lay a trap on Des Raj petitioner patwari of Revenue Halqa Kala har within the territorial jurisdiction of District Sangrur and that FIR No. 120 of 9-8-1990 of Police Station Bhawanigarh for offence under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1983, be quashed.

(2.) BRIEFLY , the story as alleged is that Bharpur Singh possessed a consent, decree from Civil Court. against his parents and he approached. Des Raj Patwari, for making an entry of mutation in his name and for performance of this piece of work the aforesaid Patwari demanded an illegal gratification of Rs. 2,000/- The complainant ultimately expressed his willingness to pay a sum of Rs. 1,000/- and at the same time approached the Vigilance Department and thereafter Shri. Mukhtiar Singh Inspector of Vigilance Bureau F.S. 11, Patiala on 9-8-1990 proceeded and laid a trap and the present petitioner was apprehended and aforesaid sum of Rs. 1,000/- was recovered in, the form of ten currency notes of Rs. 100/- each. Sukhdev Singh Is alleged to be a witness to the occurrence.

(3.) THE contention of the learned counsel for the petitioner is that Shri Mukhtiar Singh Inspector of Vigilance Bureau F.S. 11, Patiala bad no Jurisdiction to investigate the case without permission of the Magistrate and that too in District Sangrur when his own headquarter was at Patiala.