GURPREET SINGH CHHINA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is seeking quashing of FIR No. 43 dated 14.03.2014, registered under Section 408 IPC at Police Station Division No. 5, Ludhiana and also the final report submitted in the case.

(2.) THE petitioner joined as a Clerk in the office of District and Sessions Judge, Ludhiana on 13.03.2013. He tendered his resignation on 04.10.2013, which was accepted on 15.10.2013. Case was registered against the petitioner on the allegations that while posting as a Clerk in the Record Room, he was entrusted with the judicial file of a decided case titled as State Vs. Gurmit Singh. In that case the accused was convicted by the trial Court but was acquitted by the appellate Court below. The State went in appeal before this Court. When the record of the case was requisitioned, it came to the light that the file was not traceable. The case was registered, investigated and on completion of investigation, final report has been filed against him.

(3.) IT was urged on behalf of the petitioner that after submitting the resignation, charge was handed over by the petitioner to the successor Clerk and since then till the date of registration of case, 3/4 more Clerks were posted and the investigating agency had erred in holding that the petitioner alone was liable for loss of file. It was further urged that no evidence was collected by the prosecution that there was dishonest intention on the part of the petitioner, which is sine quo non for proving the charge under Section 408 IPC. It was further urged that the petitioner was not imparted any special training for handling judicial files and due to heavy pendency of files, the loss may be due to circumstances beyond the control of the petitioner. Reliance has been placed on Sardar Singh Vs. State of Haryana : 1977 AIR (SC) 1766 and Manju Khanna Vs. The Registrar General, Delhi High Court, Writ Petition (C) No. 891 of 2013, decided on 09.05.2014. Broad guidelines have been framed by the Hon'ble Apex Court for exercise of powers under Section 482 Cr.P.C. in the case of State of Haryana and others Vs. Ch. Bhajan Lal and others, : AIR 1992 SC 604, which read as under: -