DHARAMPAL Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 05/2011 dated 31.1.2011, under Section 7, 8, 13, 49 of Prevention of Corruption Act, 1988, registered at Police Station S.V.B., Gurgaon (Annexure P -1) and all the subsequent proceedings arising therefrom. Learned senior counsel for the petitioner has submitted that from reading of the FIR no offence could be said to have been committed by the petitioner. In fact, the mutation was to be entered by the Patwari. Petitioner has been falsely involved in this case. Learned senior counsel has placed reliance on Sadashiv Mahadeo Yavaluje and Gajnan Shripatrao Solokhe vs. State of Maharashtra, : 1990 (1) RCR (Crl.), 174' wherein it was held as under: -

(2.) LEARNED State counsel, on the other hand, has opposed the petition.

(3.) IN the present case, specific allegations have been levelled by the complainant in the FIR. As per the FIR, complainant had met the petitioner with regard to sanction of mutation in his favour. Petitioner had demanded bribe from the complainant and had told him to hand over the same to the Patwari. In these circumstances, it could not be said that criminal proceedings could not be proceeded against the petitioner. Thus, the judgment relied upon by the learned senior counsel for the petitioner fails to advance the case of the petitioner.