MANIL KUMAR MIDHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) CASE FIR No. 163 dated 26th September, 1977 under Sections 409, 420, 465, 568, 471, 389 and 120-B of the Indian Penal Code was registered at Police Station Kalayat (District Jind) against the petitioner who was then working as an Executive Engineer in the PWD (B & R) Department of the State of Haryana. After investigation, the Superintendent of Police, Jind, came to the conclusion that no offence whatsoever, as mentioned in the FIR, was made out against the petitioner and others, and consequently, the Superintendent of Police, Jind, submitted a report to Shri N.C. Natha, H.C.S. Judicial Magistrate Ist Class Narwana, for the cancellation of the case, who accepted the cancellation report and passed the following order on 17th March, 1978 :-

(2.) THE petitioner filed a Civil Writ Petition No. 1304 of 1978 titled as M.K. Midha v. The State of Haryana and others, in which the State of Haryana appearing through the Under Secretary to the Govt of Haryana, PWD (B and R) Department, filed Written Statement on 4th May, 1978, in paragraph 9 of which it was averred as follows :-

(3.) THE petition is contested on the ground that earlier the record was not available and, therefore, a new report has been submitted.