HET RAM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The then Special Judge, Hisar, has filed a complaint against the petitioner on 2.4.2011 under Section 217 IPC for not submitting the final report in a case despite direction with an aim to save the accused in a case titled State Vs. Norang Rai, accused in FIR No.540, dated 19.9.2002, under Sections 409, 420, 467, 468,471, 120-B IPC and 17/13 of the Prevention of Corruption Act (for short, "The Act"). The petitioner has sought quashing of this complaint and the proceedings in progress against him before Chief Judicial Magistrate,Hisar on the ground that complaint against him has been filed by misreading the application. The petitioner states that he had sought extension of time to submit the final report despite earlier directions issued by the Special Judge to submit such report within 45 days of the date of the order, which is construed as violation of the directions.

(2.) Whether the petitioner, being a public servant, had knowingly disobeyed any direction of the law that too with an intention to save or knowing it to be likely that he will thereby save any person from legal punishment etc. is an issue, which is factual issue and basically has to be determined by the Court. The plea of quashing this complaint or show cause notice issued to the petitioner, thus, has to be viewed in this background.

(3.) Otherwise also, I find that the petitioner or the police is not seen acting innocently in this case and prima-facie view is possible to indicate that some deliberate attempt perhaps was made to save the accused in FIR No.540, dated 19.9.2002.