CHANAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed for the quashing of the order dated 2nd March, 1985, vide which a prima facie case was held to be made out from the perusal of the documents by the Judicial magistrate Ist Class, and charges were framed against the petitioners the same day as also FIR No. 26 dated 1st February 1978. The only ground on which the quashing of the order and the FIR is claimed is that the investigating agency applied for obtaining sanction in this case and the Under Secretary (Services) on behalf of the Secretary, Punjab State Electricity Board, opined in this behalf as under :-

(2.) NO evidence has been led in the case so far. The case was adjourned for evidence to 20th April, 1985, but the petitioners filed this petition and the same came-up-for hearing on April 15, 1985 when notice of motion was issued for 13th May, 1985, and proceedings were stayed ad interim.

(3.) ACCORDING to the charges framed, the petitioners in connivance with each other dishonestly induced the Punjab State Electricity Board to pay an amount of Rs. 3,20,028.50 which amount would not have been paid if the petitioners had not prepared false record and acted within the limits of their official duties. Some of this amount was paid for the job which was never done.