P. C. SINGLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DR . P. C. Singla, through this petition under Section 482 Cr.P.C. seeks quashing of the criminal proceedings pending in the court of Chief Judicial Magistrate, Bhatinda, arising out of the challan presented with respect to FIR No. 51 dated 10.9.1982, Police Station Thermal Plant, Bhatinda, under Sections 420, 468, 471 and 120-B of the Indian Penal Code.

(2.) DARSHAN Singh peon employed in the G.N.D. Thermal Plant Bhatinda is alleged to have procured false prescriptions for himself and his dependents from Dr. P. C. Singla petitioner, who was then working in Paras Ram Nagar Dispensary and Mr. K. C. Gautam, Ayurvedic Dispensary, Anaj Mandi, Bathinda, on the basis of these prescriptions he got issued false slips from the chemists and prepared false bills. One of the voucher was No. 329 dated 10th January, 1980 amounting to Rs. 580.75P. These medicines were allegedly purchased on the basis of slip No. 20229 dated 14th December 1979, slip No. 19503 dated 1.12.1979 and slip No. 19254 dated 28.11.1979, which are stated to have been issued by the petitioner. These claims for reimbursement were alleged to have been made falsely and the false bill was passed. Darshan Singh peon never availed of any leave and his children never absented from the school on the relevant dates. Further that there was Government Hospital, in the Thermal Plant Bhatinda and there was no reason for him to go to the other dispensary.

(3.) THE factual position is not disputed. The DAG claims that simply because the petitioner had been earlier acquitted, his acquitted is not a cause for quashing of these proceedings. Admittedly, the challan relates to the FIR registered on 10th December 1982 and after investigation on the basis of this first information report, 30 challans had been put in court. It was subsequent to the decision of these challans that the impugned report under Section 173 Cr.P.C. was put in court.