SUNIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in the present petition under Sec. 528 of BNSS, 2023 (corresponding Sec. 482 Cr.P.C.) is for quashing of FIR No.491 dtd. 18/7/2024 under Ss. 318(4), 351(2) & 3(5) of BNS, 2023 registered at Police Station HTM Hisar, District Hisar (Annexure P-1) alongwith all consequential proceedings including Final Report under Sec. 197 of BNSS, 2023 (Sec. 173 Cr.P.C.) dtd. 19/10/2024 wherein during the investigation Ss. 111(2)(b), 308(2), 338, 336(3), 340, 238(b), 215 and Sec. 61 of the BNS, 2023 and Ss. 7, 7A, 8 and 13 of the Prevention of Corruption Act, 1988 have also been added (Annexure P-2).

(2.) The brief facts of the case are that an FIR No. 0491 dtd. 18/7/2024 under Ss. 3(5), 318(4) and 351(2) of BNS, 2023 came to be registered at the instance of Satbir Singh Saharan and reads as under:-

(3.) The petitioner is not named in the FIR. During the course of the investigation, he was nominated as an accused. On the culmination of the investigation, the final report under Sec. 193 BNSS came to be submitted against the accused-petitioner alongwith the other accused. A copy of the final report under Sec. 193 BNSS is attached as Annexure P-2 to the present petition. The relevant extract of the final report containing the allegations against the petitioner is as under:-