RANJIT SINGH BATTH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has assailed chargesheet and order framing charge dated 14.08.2013 passed by Chief Judicial Magistrate, Mohali.

(2.) The facts which ultimately led to the institution of complaint are that FIR No.9 dated 22.05.2006 was registered under Section 7/13(ii) of P.C. Act, Police Station Vigilance Bureau, Flying Squade, Mohali against Bawa Singh, Manmohan Singh and Gurvinder Singh. The accused faced trial in the said case. During the trial, petitioner being complainant deposed as PW-1 along with shadow witnessPW-3. Trial Court acquitted the accused.

(3.) Trial Court opted to prosecute petitioner for the offence under Sections 193 and 211 IPC on the ground that petitioner had made false statement Ex.PA to the Investigating Officer in respect of demand of bribe made by the accused. It was held that either the statement made by petitioner to the Police is false or the statement made by him before the Court is false. Therefore, it would be expedient in the interest of justice to prosecute petitioner for the offences under Sections 193 and 211 IPC. The operative prosecution observations made by the trial Court is reproduced hereasunder:-