FAQIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FAQIR Singh-petitioner has come to this court in this petition under section 482, Cr. P.C. for quashing of F.I.R. 111 dated August 18, 1990 registered at police station Dhariwal for offences under sections 420, 467,471 and 120B, I.P.C. and under sections 5(2) 47, Prevention of Corruption Act. The relevant portion of the F.I.R. reads as follow: It is learnt from reliable source that Market Committee, Dhariwal, purchased the bricks for the construction of room and constructing four walls in the month of 6/83, by calling for quotations from MIs. Ramesh Kumar Jaswant Rai, BKC Lehal, and MIs. Ram Lubhaya & Sons, BKC Malia. The quotation of MIs. Ramesh Kumar Jaswant Rai as accepted by Shri FAQIR Singh, Chairman, Market Committee, Dhariwal, being less, and on the basis of it the firm supplied on 5.7.1983 to 13/8/1983, tiles 10250 (cost Rs. 7,395.00) and 18,500.00. First Class Bricks cost Rs. 7,770.00) marked RJ on different dates and received the payment of the bill vide Cheque No. 946192 and 946199 from the Market Committee, Dhariwal Besides the aforesaid Bricks, no other bricks were supplied by the Firm to the Market Committee, nor any other payment was received by the Firm. It is learnt from reliable source that FAQIR Singh, Chairman, Market Committee issued Cheque No. 946565 for Rs. 8,400.00 on 6/10/1983, in favour of M/s. Ramesh Kumar Jaswant Rai and got it encashed through the peon of the Committee. Shri Vijay Kumar from the Punjab and Sind Bank, Dhariwal and paid the cash to Manjit Singh at 1 P.M. who gave this sum to Sh. Jagjit Singh Lalli who is partner of Sh. FAQIR Singh, Chairman, and who is share holder in the Brick Kiln. Neither a sum of Rs. 8,400 was received through cheque. It is also learnt from reliable source that out-of the bricks used for the construction of the room of Market Committee Dhariwal, and four walls, 10 bricks marked FT were sent to the Chief Engineer (R)-cum Director, Irrigation and Power Research Department, Amritsar, for test, and 3 Bricks 1st Class, 6 Bricks second Class and one Third Class mere found, from which it is proved that inferior bricks have been used in the construction. It is also learnt that regarding the construction of the aforesaid work, Shri Gurdial Singh, SO and Ravinder Jit Singh SDO Agricultural Marketing Board, Gurdaspur, prepared the estimates for the construction, and they made entries in the MB, and other record connected with it In this way, in the aforesaid construction Sarvshri Gurdial Singh, SO and Ravinder Jit Singh SDO illegally exercising his powers has got illegal benefit and has caused loss to the Market Committee by constructing the room and four walls where the bricks of inferior quality were used and by issuing forged cheque for Rs. 8,400.00 to M/s. Ramesh Kumar and Jaswant Rai, for inferior bricks and got prepared wrong record and made payment to Jagjit Singh Lalli, Shareholder.

(2.) THE allegations against the petitioner are not only of accepting a tender and acquiring bricks of inferior quality, but also to the effect that excess amount was paid and that too to Shri Jagjit Singh Lalli who is a partner of the petitioner in his own business. At the face of it, the allegations made out a case for the offence for which the F.I.R. was registered. No case is made out for quashing of the F.I.R. This petition is hereby dismissed. Petition dismissed.