MAHAVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for quashing of the FIR No. 77, dated 11.11.2011, under Section 420, IPC, and Sections 7 and 13(1)(d) of the Prevention of Corruption Act, registered at Police Station, GRP, Rohtak, and the consequential proceedings arising therefrom.

(2.) The brief facts of the case are that on 11.11.2011, Randhir Singh, Sub-Inspector/Station House Officer, along with other police officials were on patrolling at Railway Station, Rohtak. A secret information was received that in Compartment No. S-8 of Train No. 4036 - Dhola Dhar Express, which was coming from Jind and going towards Delhi, one TTE allowed certain passengers to travel in the sleeper coach after charging illicit gratification. In association with Kanwar Singh, Inspector, Railway Protection Force, a raiding party was constituted, which reached at Railway Station, Rohtak, at 06.10 a.m. On arrival of the abovesaid train, Coach No. S-8 was checked. Salamuddin and five other passengers were traveling in the abovesaid sleeper coach while holding the general tickets. Salamuddin stated to the police that on that day he accompanied by his father, was going from Malerkotla to Delhi and purchased the ticket from Malerkotla and boarded Coach No. S-8 of Train No. 4036-DN. Abdul Hamid, Shabaj, Mohd. Anwar and Asraf Khan had also boarded Coach No. S-8, from Malerkotla for going to Delhi. They had also purchased general tickets. When the train had crossed the Railway Station, Jakhal, Mahavir Singh, TTE, approached them and they handed over their tickets to him. The TTE apprised them that they were not entitled to travel in Coach No. S-8 while holding the general tickets. Thereafter, he charged Rs.50/- from each passenger and did not issue any receipt. He assured them to provide the receipt after crossing the Railway Station, Jind. Even after approaching the Railway Station, Jind, the TTE neither provided any seat nor issued the receipt for the amount charged from Salamuddin and other passengers.

(3.) On the basis of the statement suffered by Salamuddin, an FIR was registered for the offence punishable under Section 420, IPC. On checking of the bag of the TTE, complaint book, EFT Book, TTE handing memo book, reservation chart and Rs.300/-, which the TTE had charged from the passengers, were recovered. The petitioner was arrested. During investigation, Sections 7 and 13(1)(d) of the Prevention of Corruption Act, were also added. Since the SI/SHO was not authorized to investigate the matter attracting the provisions of the Prevention of Corruption Act, therefore, Superintendent of Police, Railway, Ambala Cantt., was requested to appoint any Gazetted Officer for investigation in the said case.