FAQIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL . Misc. No. 55207-M of 2004 : This is a petition under Section 482 of the Cr.P.C. praying for quashing of the order dated 7.6.2003 passed by the Special Judge, Moga taking cognizance of offences under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988, framing the charge against the petitioner on the same day, pursuant to registration of FIR No. 62 dated 29.9.1992 with Police Station City Moga.

(2.) THE aforesaid order and the consequent proceedings have been assailed by the petitioner primarily on the ground that it has violated his right to speedy trial. Briefly stated, the facts of the case are that the petitioner was working as Tehsildar-cum-Sub-Registrar at Moga in the year 1992. On September 29 of the same year, FIR No. 62 was registered against him at Police Station City Moga under the provisions of Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 on the statement of one Mohinder Singh (arrayed as respondent No. 2 herein). The petitioner was alleged to have received a sum of Rs. 500/-. The DSP (Vigilance) - Shri Tara Chand raised the office of the petitioner and arrested him. However, the petitioner was released on bail on 30.9.1992.

(3.) CONSIDERING the report of the inquiry, the Government advised the Vigilance Department to review the matter with reference to the prosecution of the petitioner. Vide Annexure P-1, it was opined by Additional Secretary to Government Punjab, Revenue Department as follows :-