MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) LT . Col. Mohinder Singh since retired and presently serving as President, District Ex-Services League, Kurukshetra, through present petition filed by him under section 482 of the Criminal Procedure Code seek quashing of the complaint (Annexure P/6) under sections 406/408/409 of the Indian Penal Code as also summoning order dated 29.9.1.994 (Annexure P-7).

(2.) BRIEFLY the facts giving rise to the present petition are that Lt. Col. Labh Singh Gill, respondent No. 2 filed a complaint (Annexure P-6) under sections 406/408/409 of the Indian Penal Code. Burden of the complaint is that the petitioner as President of the District Ex-Services League, Kurukshetra, collected an amount of Rs. 19,000/- towards the Chief Minister Drought Relief Fund which was so collected by contributing one day's pension. In pursuance of the resolution on that account, the said amount was to be deposited with the Chief Minister in his account or was to be handed over to him as and when he visited the town inasmuch as the said amount was not deposited in the Chief Minister Fund for handed over to him, it is alleged in the complaint that the petitioner committed the offences of which he is charged i.e. sections 406, 108 and 409 of the Indian Penal Code, After recording some evidence the Magistrate dealing with the matter summoned the petitioner under section 406 of the Indian Penal Code. As referred to in the earlier part of the judgment, it is this summoning order and the complaint under sections 406, 408 and 409 of the Indian Penal Code which is sought to be quashed.