PRAN NATH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) PREM Nath Sharma by means of this petition under Section 482 Cr.P.C. seeks quashing of the complaint dated 4th of September, 1985 titled as State of Punjab v. Tirlochan Singh and others for offences under Sections 420, 471, 120-B, I.P.C. Sections 5(1)(d) & 5(2) of the Prevention of Corruption Act and Sections of the Imports and Exports Control Act, pending in the Court of Special Judge, Chandigarh annexure P-1, and the summoning order passed by the Special Judge on 1st December, 1986.

(2.) THE petitioner was employed as a License Assistant in the office of Joint Chief Controller of Imports and Exports. In that capacity, he dealt with two applications for issuance of import licences and according to the averments made in the complaint he and his co-accused had entered into a criminal conspiracy amongst themselves to cheat the Imports and Exports Office, Chandigarh by fraudulently and dishonestly issuing import licences for import of emergency spares on the basis of mis-representation and false documents as also by corrupt and illegal means and by using their official position as a public servant.

(3.) IN pursuance of this conspiracy, Sh. L.N. Malhotra and the petitioner fraudulently and dishonestly and by corrupt illegal means and by abusing their official position as public servants caused pecuniary gain to non-existent firms at Chandigarh and Mehatpur and the details of the same is given in para 10 of the complaint. It is thus stated that the petitioner had committed the offence complained of.