BALDEV SINGH GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by Baldev Singh Junior Engineer under Section 482 of this Code of Criminal Procedure for quashing FIR No. 135 dated 21.8.1989 with a further prayer that resultant proceedings may also be quashed.

(2.) THE relevant facts are that on G.T. Road from Guru Nanak Dev University to Gate Way of India, Chheherta an agreement was entered into with the contractors in the year 1980 -81. It was for laying the stone metal for strengthening and widening the road. The supplied material i.e. stone material supplied to the department was checked and found short by 6055 cubic meter. It was valued at Rs. 4,36,245.28 Paise. The records of the agreement numbers 23, 24, 32 and 34 were asserted to be anti -dated and records were forged. The less quantity of stone metal was received from the contractors by S.S. Bhatti, Executive Engineer, G.S. Sidhu, Executive Engineer, Kulbir Singh Sub Divisional Engineers, and Baldev Singh petitioner. These persons in connivance with others are alleged to have misused the official position and illegally defrauded the Government. They embezzled the above said amount by receiving 6065 cubic meter, metal stone less in quantity causing wrongful gain to the contractors. It was further mentioned in the first information report that running payment could only be made within the agreement time but in this case, the payment was made after completion of the work. Comparison was made with the final record and it was found that the same had been forged and anti -dated. Bogus payments were made to the contractors by misusing the position.

(3.) THE petitioner asserts that incident pertains to the year 1980 - 81. Till date even investigation his not completed and there is an in -ordinate delay. He prays for quashing of the first information report.