BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 5.9.2013 whereby charges were ordered to be framed against the petitioner.

(2.) Learned counsel for the petitioner has submitted that petitioner had been falsely involved in this case. In fact, bribe money had not been demanded or accepted by the petitioner. Petitioner had been transferred on 27.6.2013 and thereafter, the FIR in question was registered on 29.6.2013.

(3.) Prosecution story, in brief, is that on 19.6.2013, petitioner and his co-accused Inspector Ashok Kumar had inspected the factory of the complainant. After inspection, petitioner and his co-accused told the complainant that their record was not complete and they should complete the same. They had further told that they would again inspect the factory on 25.6.2013. Thereafter on 29.6.2013, Ashok Kumar came to the factory and said that the record had not been completed by the complainant. He demanded L 15,000/- as bribe from the complainant for himself as well as the petitioner. Complainant paid L 10,000/- to Ashok Kumar. Now petitioner was demanding L 5,000/- from the complainant. On the basis of the statement of the complainant, formal FIR was registered.