LAWS(P&H)-1985-8-69

MOTI LAL BANERJEE Vs. STATE OF HARYANA

Decided On August 26, 1985
Moti Lal Banerjee Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) MOTI Lal Banerjee appellant has come up in appeal against his conviction under Sections 342, 384, 330, 195 and 161 of the Indian Penal Code and Section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act recorded by the Special Judge, Ambala, vide his order dated 7th August, 1984. The learned Special Judge vide his order dated 10th August, 1984, has sentenced the appellant for his aforesaid offences as under :-

(2.) EARLIER the prosecution was launched against the appelant after obtaining sanction from the Deputy Inspector General of Police, Ambala Range. The same is Exhibit DY. However, an objection was taken by the defence that the Deputy Inspector General of Police was not competent to accord the sanction. The prosecution agency withdrew the challan from the Court and after obtaining sanction Exhibit P-17/B from the Director General of Police, Haryana, put in the challan again and launched the prosecution.

(3.) THE appellant in his statement under Section 313 of the Code of Criminal Procedure denied these allegations and stated that this was a false case cooked up by Shri Raj Singh, the then superintendent of Police Ambala, who was not happy with him and wanted him to be corrupt for his benefits but the appellant refused to oblige him, that he withdrew from him the investigation of a murder case and many other cases for such reasons, that he had been harassing the appellant right from the beginning and had been issuing a number of letters and show-cause notices without any fault on the part of the appellant, and that he was exonerated of all those allegations levelled by Shri Raj Singh by his successor Shri Nirmal Singh, Superintendent of Police, Ambala. He further stated that another case against his son Manoranjan was got registered by Shri Raj Singh S.P. through Rajinder Verma who was playing into the hands of Shri Raj Singh. This case was also found false after investigation by Shri Nirmal Singh Superintendent of Police and got the same cancelled. The appellant further stated that Rajinder Verma was not happy with him because he did not accommodate him for his ill doings whenever he visited the place of posting of the appellant from time to time and that this case was the result of a conspiracy between Shri Raj Singh Superintendent of Police and the other goldsmiths who were wanted in a number of cases. The appellant further stated that he was transferred to the police line by Shri Raj Singh Superintendent of Police without any authority of the I.G. who was competent to transfer him, that Shri Raj Singh got the investigation of all the cases transferred from him, that the same was entrusted to D.S.P. Jaswant Singh, who was an official of the choice of Shri Raj Singh and was prepared to oblige him, and that he was not allowed to join the investigation even during the period he was on interim bail under the order of High Court. He stated in the end that he was innocent and had rendered his services as a police officer without any blet on his career since 1949 and that no bad report against his integrity was ever recorded against him. He stated that sanction Exhibit P17/B for his prosecution was invalid as the D.G.-cum-I.G., Haryana, did not apply his mind to the facts of the case.