MAHENDER SINGH KADIAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH this Criminal Misc. petitioner Mahinder Singh Kadian has prayed for the grant of anticipatory bail to him in case F.I.R. No. 159 dated 18.3.2002 under Section 7/13 of the Prevention of Corruption Act, 1988 (hereinafter to be referred as 'the Act') registered at Police Station, Civil Lines, Rohtak against him.

(2.) IN the month of July, 2001, ban had been imposed over registration of sale deeds of outer colonies at Rohtak. Pawan Kumar who is the author of this F.I.R. has been dealing in the sale and purchase of properties at Rohtak since long. He wanted the said ban on registration of sale deeds lifted. He wanted somebody who could assure him that he would manage the lifting of ban on registration of sale deeds of outer colonies. He inquired Shri Mahender Singh Kadian who was posted as Tehsildar at Rohtak during those days and he assured him that he would manage the lifting of ban on registration of the sale deeds of outer colonies after having a talk with high ups from outside Rohtak. Shri Mahender Sigh Kadian, Tehsildar demanded a sum of Rs. 15 lacs for this job. According to Pawan Kumar, he and some other property dealers collected Rs. 15 lacs and 31.7.2001 at 5.30 p.m. he handed over the amount to Shri Mahender Sigh Kadian, Tehsildar Rohtak at his residence camp office in the presence of Chander Bhan Subedar. Shri Mahender Singh Kadian assured him (Pawan Kumar) that he will get the work of registration of outer colonies resumed. Lifting of the ban on registration of sale deeds of outer colonies could not be managed by Mahender Singh Kadian. All the property dealers pressurised him that either he should return the money or manage the lifting the ban on the registration of sale deeds of outer colonies and the work of registration required. Pawan Kumar talked with Mahender Singh Kadian, Tehsildar Rohtak several times. Initially, he used to evade the issue. Later on, he started extending him threats. He started saying that if he demanded money, he would find himself himself in a situation that he would remember a lesson of his life. He threatened him to implicate him in false case. Similar threat was extended to Pawan Kumar by Smt. Kanta Alaria who is the leader of Smajwadi Party and is very close to Mahender Singh Kadian, Tehsildar on his mobile phone No. 98120 68868 and 98120 26540 and the least threat was given to him through Mobile phone on 20.10.2001. According to Pawan Kumar, on 21.10.2001 at 5.50 p.m. Smt. Kanta Alaria on the instructions of Mahender Singh Kadian, Tehsildar got a case F.I.R. No. 724 dated 21.10.2001 registered under Sections 354, 506, 116/34 Indian Penal Code (Pawan Kumar) against him at the Police Station. In the F.I.R. No. 724 it was got recorded that a sum of Rs. 10 lacs was paid by him (Pawan Kumar) to the Deputy Commissioner Shri Anil Malik which was a false allegation. According to Pawan Kumar, he never met Shri Anil Malik, Deputy Commissioner, Rohtak nor he made any payment. According to Pawan Kumar, F.I.R. No. 724 ibid was manipulated by Mahender Singh Kadian who acted in concert with Smt. Kanta Alaria with whom he was very thick to malign Shri Anil Malik, Deputy Commissioner, Rohtak.

(3.) IT was submitted by the learned counsel for the petitioner that F.I.R. No. 724 dated 21.10.2001 was investigated by Shri Sultan Singh, DSP, Headquarter. On investigation, he dropped Section 354 and added Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) but after the three accused of F.I.R. No. 724 gave affidavits against the petitioner, Shri Anil Malik, Deputy Commissioner got Baljit Singh SI, Incharge of Police Post, City Rohtak transferred to Police Lines, Rohtak and DSP Sultan Singh to Madhuban and he got the investigation of FIR No. 724 transferred to Shri Rajinder Singh DSP, Meham. It was submitted that DSP Rajinder Singh had no authority/jurisdiction over Police Station, Civil Lines, Rohtak. Investigation of case F.I.R. No. 724 could be entrusted to DSP, Headquarters, Rohtak. When the matter was entrusted to DSP, Meham on 19.11.2001, he filed cancellation report though in the morning of 19.11.2001, bail application of Pawan Kumar etc. named in F.I.R. No. 724 ibid was dismissed. Pawan Kumar etc. accused named in the F.I.R. No. 724 have never been arrested.