AVINASH MODGIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is for quashing of FIR No. 208 dated 29.10.1989 on the ground that the petitioners have been falsely implicated; that prima facie allegations made in the FIR even if taken at their face value do not constitute any offence against the petitioners; that the present proceedings are a mala fide act with ulterior motive to involve the petitioners.

(2.) PURSUANCE to the notice of motion issued by the Court, reply had been filed by way of affidavit of Sh. Raghbir Singh Chahal, Deputy Superintendent of Police (Sub Division) Ferozepur, controverting the various material averments made in the petition.

(3.) THE plea of the petitioners is that admittedly the amount in respect of three instalments had been disbursed to Mandha against valid receipts. Per se there is nothing to suggest that the petitioners had any role in the release of the instalments or that they had taken any bribe in clearing the necessary paper. It is essentially a Civil liability of Mandha to pay back the loan advanced by the government. According to the counsel, petitioner No. 1 was transferred to Zira and he, in fact, had relinquished the charge on 27.3.1985. In this way, he cannot be held to have played any role in sanctioning of second as well as third instalment. In fact, it is only during the fourth and the final instalment that an enquiry was ordered to find out whether Mandha had, in fact, dug up the pond upto 75% as stated by him in his application. It is then that it came to light that Mandha had not completed his work upto 75%, that the present proceedings have been launched against the petitioners as well as Mandha.