DEVKI NANDAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing FIR No. 6 dated 17.1.1990, registered at Police Station Civil Lines Ludhiana, for the offences under Section 5(1) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act of 1947) and the proceedings initiated in pursuance thereof pending in the Court of Special Judge, Ludhiana.

(2.) THE necessary facts for the disposal of this petition are that the petitioner was employed as Sub Divisional Engineer, PWD (B&R) in the State of Punjab, and was posted as such at Phillaur when he retired from service on superannuation on 30.6.1988 (A.N.). At the time of his superannuation, no departmental enquiry or criminal case was pending against the petitioner.

(3.) IT has been alleged in the petition that in view of the provisions of sub-rule (3) of Rule 2.2 of the Punjab Civil Service Rules, Volume II, the present prosecution is barred by limitation since the event giving cause of action to the prosecution took place more than four years before the retirement of the petitioner. It has been further alleged that the prosecution is liable to be quashed for want of sanction under section 197 of the Code, and also for the reason that the case was registered and investigated, the challan was presented and the charge has been framed under the repealed Act of the year 1947. It has also been stated that the wife of the petitioner was a Government servant during the check-period and her income has been clubbed with the income of the petitioner which is not permissible under the law, that the challan was presented after a long time and the petitioner is not expected to keep account of things from 1969 to 1982 and that a stale prosecution is liable to be quashed to avoid unnecessary harassment to a retired Government employee.