H C KAKKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition, prayer made is for quashing of F. I. R. No. 9/90 P. S. S. V. B. Karnal registered against the petitioner under Section 7/13 of the Prevention of Corruption Act. It has been stated in the petition that the case was registered against the petitioner on 1.8.1990 and the charge against him was framed on 2.7.1993. In a period of three years, only three witnesses have been examined and for the statements of remaining two witnesses namely Sham Lal Goel, S. P. and Bhim Singh, Inspector, more than 20 dates have been given but their statements still remain to be recorded. Counsel for the petitioner has placed on record order dated 5.12.1995 of Special Judge, showing that Sham Lal Goel, S. P. Jind has been recorded to be summoned through the D. I. G. concerned, whereas summons to Bhim Singh, Inspector have been issued for 3.1.1996. Mr. Suvir Dewal, learned State Counsel undertake to serve these two witnesses before the next date of hearing. Since Sham Lal Goel, S. P. had not appeared despite service of summons, order dated 5.12.1995 of the Special Judge is modified in the extent that Sham Lal Goel shall be served through bailable warrants in the sum of Rs. 20,000/- for the said date. As regards Bhim Singh, Inspector, it shall be the responsibility of the State to serve him. Counsel for the State, on instructions, states that in case the State fails to serve or examine the said two witnesses, then the Special Judge shall be liberty to close the evidence of the prosecutor.

(2.) With this direction, the petition stands disposed of. Orders dasti on payment.