SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No. 101 dated 17.09.2010 (Annexure P/15), registered under Section 409 IPC at Police Station Ghuman, District Batala and all the subsequent proceedings arising therefrom.

(2.) Before referring to impugned FIR, certain facts leading to registration of same are noticed as under:-

(3.) The petitioner was elected as Sarpanch in the year 2003 and he remained as such till 2008. During the tenure of his office as a Sarpanch, a complaint dated 12.09.2008 was filed (Annexure P-1) levelling allegation regarding irregularity of Panchayat funds. It is further submitted that the said complaint was inquired into by the Deputy Superintendent of Police, Qadian, District Batala and recommended to the SSP that the complaint is without any basis and it should be filed on the basis of the inquiry report dated 25.10.2008 (Annexure P/2). It is further submitted that thereafter, the District Development and Panchayat Officer, Gurdaspur vide letter dated 24.10.2008 also marked an inquiry to the Block Development and Panchayat Officer, Sri Hargobindpur and the same was got conducted through Junior Engineer of the Block and as per the report dated 19.12.2008 submitted by the Junior Engineer (Annexure P/3), it was found that the Panchayat's record regarding removal of bricks is not properly maintained. Thereafter, another inquiry was conducted by the office of Director Rural Development and Panchayat, Punjab, Chandigarh and as per the inquiry conducted by the SDO, Panchayati Raj, Batala-cum-Inquiry Officer vide report dated 21.1.2009, an amount of Rs. 213,547/- was shown recoverable from the petitioner. Another inquiry dated 10.7.2009 (Annexure P/4) was also conducted by the Sub Divisional Officer. As per this inquiry, again certain amount was shown outstanding towards the petitioner.