INSPECTOR RAM LUBHAYA BAGGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been moved under Section 482 of the Code of Criminal Procedure challenging F.I.R. 149 dated 28.7.87 under Section 5(2) of the Prevention of Corruption Act, read with Section 409 of the Indian Penal Code registered at Police Station, City, Phagwara.

(2.) BRIEFLY , it has been alleged that Krishan Lal son of Diwan Chand a Balmiki of Phagwara was alleged to be an accomplice in theft of some gold ornaments and its subsequent sale to a few goldsmiths of the Ilaqa. When he was required during investigation Ram Lubhaya petitioner allegedly demanded an illegal gratification of Rs. 15,000/-. The complaintant Krishan Lal passed on a sum of Rs. 5000/- not to the petitioner but to the President of the Association of the Goldsmiths and it has further been alleged that the aforesaid sum of Rs. 5000/- and another sum of Rs. 20000/- was arranged by the petitioner and passed on to the President of the Goldsmiths and then to the petitioner. Krishan Lal was allegedly paraded through the town and when he ultimately made an affidavit against petitioner in this regard on 26.7.87 it was attested by an Executive Magistrate of Phagwara and the present case was registered.

(3.) AT any rate, it appears to be a case where there was prima facie no evidence that any money passed from the complainant to the petitioner who also sought pre-mature retirement on 13.8.1987.