ASHOK V. JAUHAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ASHOK V. Jauhar Executive Engineer, Punjab State Electricity Board along with Vinod Kumar Malhotra, Sub-Divisional Engineer of the same Department through the present petition filed by them under Section 482 Cr.P.C. seek quashing of the FIR dated 9.1.1991, registered under Section 379/411/120-B IPC. registered at P.S. Kotwali, Patiala (Annexure P-5) and also the charge framed by the Court against them under Sections 379/411 read with Section 120-B IPC. The F.I.R. sought to be quashed runs thus :

(2.) SHRI G.S. Dhillon, DSP/V&S, PSEB, Patiala held a surprise checking of Swaraj Mazda Mini Truck No. PIP-5355 on 23.11.1990 after the office hours carrying the PVC scrap loaded from the PSEB Central Store, Patiala. Sh. Shamsher Singh Driver of the truck clarified that the requisite papers regarding the loaded scrap are with the concerned individual, who is present in the Central Store, Patiala where Shri Bhoj Raj Goel admitted having got loaded the PVC scrap in the mini truck with the help of the PSEB officials. Shri Rameshwar Singh Security Guard stated that the mini truck with loaded scrap had passed through the main gate of the Central Store without any gate pass of voucher at 6.30 p.m. under the orders of Sh. Jauhar, Xen. This vehicle with loaded scrap was got weighed at three Dharm Kandas and it weighed 5780 k.g and 5790 kg. respectively (average weight 5760 kg.). After deducting 3230 kg., the weight of the empty mini truck, the weight of the loaded PVC scrap only 1630 kg. scrap was purchased by Shri Bhoj Raj Goel as per the PSEB records, 900 kg of PVC scrap which was loaded in excess worth Rs. 19,000/- was being dishonestly removed from the PSEB Central Store, Patiala by Shri Bhoj Raj Goel with the active connivance and in conspiracy with EX. Ashok V. Jauhar, Xen, Er. Vinod Kumar Malhotra AEE, Shri Megh Raj, Head Store Keeper, Shri Suraj Parkash ASK, Shri K.K. Dogra, ASK and Shri Hari Singh, Security Guard all posted at PSEB, Central Store, Patiala. You are, therefore, requested to direct the SHO, P.S. Kotwali, Patiala to register a case under Section 379, 411, 120-B IPC against the aforesaid PSEB officers/officials and Shri Bhoj Rai Goel and to get the same investigated through a Sr. Police Officer. Copy of FIR may also be made available to this office for information and record."

(3.) MR . Mehtani, learned counsel for respondent No. 2, however, raised a preliminary objection i.e. that when the charge has been framed, the petitioners may have other remedies open to them but they cannot invoke the jurisdiction of this Court under Section 482 Cr.P.C. For his aforesaid contention, learned counsel relies upon Minakshi Bala v. Sudhir Kumar and Ors., 1994(2) Crimes 970, a judgment of the apex Court wherein it was held as follows :