AMARJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of the Code of Criminal Procedure by Shri Amarjeet Singh whereby he has prayed the quashing of FIR No. 30 dated 31.3.1993 (Annexure P-1) registered against him at police station, Talwandi Sabo under Section 7 of the Prevention of Corruption Act, 1988/Section 342 I.P.C. He has prayed for the quashing of other proceedings taken in connection with that F.I.R.

(2.) SHRI Amarjeet Singh was Sub Inspector/S.H.O. Police Station, Talwandi Sabo. An application was received against him from one Mithu Singh alias Gurbax Singh son of Dial Singh, Jat, Police Station, Talwandi Sabo, alleging therein that he has taken illegal gratification to the tune of Rs. 4000/-, Rs. 2000/-, Rs. 21500/-, Rs. 2000/-, Rs. 7000/-, Rs. 2900/-, Rs. 3000/- from him, Pritam Singh, Bhag Singh Alha Singh, Nathu Singh, Kaka Singh, Labh Singh and Mangu Singh respectively, in police Station Talwandi Sabo. An enquiry into the application was made by Shri Mokham Singh, Superintendent of Police, Bhatinda. According to his findings Mithu Singh alias Gurbax Singh, Binder Singh son of Mithu Singh, Pritam Singh son of Sarwan Singh, Lachhman Singh son of Sukhdev Singh, residents of Shekhupura had been apprehended by him (SHO), Police Station Talwandi Sabo, a few days prior to that application, i.e. prior to the taking place of Panchayat elections. Shri Amarjeet Singh, S.H.O., Police Station Talwandi Sabo, interrogated them with regard to the possession of Arms and Ammunition. Gurdev Singh son of Mukand Singh who was making an effort to secure their release from the clutches of S.H.O. Amarjeet Singh, met contact-man Karam Singh Sarpanch of Ghuman Khurd through one Sohan Lal. Sohan Lal had talk with Amarjeet Singh who demanded Rs. 4000/- in consideration of releasing Mithu Singh etc. from his custody. S.H.O. Amarjeet Singh received Rs. 4000/- as illegal gratification from Gurdev Singh through Karam Singh Sarpanch/Sohan Lal contact-man. According to the findings of the enquiry officer, Rs. 4000/- was handed over to S.H.O. Amarjeet Singh, Sarpanch/Sohan Lal his contact-man and in consideration thereof they were released. In consideration of release of Pritam Singh Rs. 2000/- was taken. In October, 1992, S.H.O. Amarjeet Singh recovered one pitcher containing lahan lying in the fields of Ahla Singh and Bhag Singh sons of Albel Singh, resident of Shekhupura and took them to Police Station, Talwandi Sabo. He took total amount of Rs. 21500/- on various occasions in Police Station, Talwandi Sabo through Mithu Singh and Mehar Singh in consideration of registering no case against them regarding recovery of the lahan and in consideration of closing the chapter of the recovery of lahan against them. About 5/6 months earlier there was a dispute between Karnail Singh and Avtar Singh residents of Shekhupura. In connection with that dispute Avtar Singh was arrested in Police Station Talwandi Sabo. Dr. Nathu Singh was toiling to secure the release of Avtar Singh. Shri Amarjeet Singh got the matter compromised and took Rs. 2000/- in Police Station Talwandi Sabo through Dr. Nathu Singh. It was illegal gratification in consideration of bringing about compromise between Karnail Singh and Avtar Singh. About 5/6 months ago, Kaka Singh was arrested in Police Station Talwandi Sabo as a suspect of theft in the liquor vend of village Shekhupura. Kaka Singh paid Rs. 2000/- to Amarjit Singh through Mithu Singh and managed to go scot free so far as the said theft case was concerned. About 3 months earlier, Shri Amarjeet Singh arrested Labh Singh son of Mastan Singh for harbouring terrorists. For setting him free he took Rs. 2900/- through Jagdeep Singh. About three months earlier, S.H.O. arrested one Mangu Singh suspect of theft. He took Rs. 3000/- as illegal gratification and allowed him to go scot free. He took this amount through Sukhdev Singh. In all S.H.O. Amarjeet Singh had taken Rs. 42400/- on different occasions from different accused/suspects. Shri Mokham Singh Superintendent of Police, Detective, Bhatinda recorded statements of the witnesses during enquiry and recorded his findings. He sent his findings (enquiry report) to the Senior Superintendent of Police, Bhatinda who ordered the registration of the case against him under the relevant provisions of the Prevention of Corruption Act and the I.P.C. In consequence thereof, the aforesaid case was registered against him under Section 7 of the Prevention of Corruption Act, 1988 and Section 342 I.P.C.

(3.) PRAYER of Amarjeet Singh has been opposed by the State of Punjab urging that sanction for prosecuting the accused under the provisions of Prevention of Corruption Act, has been obtained from the competent authority. Sanction under Section 197 Cr.P.C. is being awaited. Challan will be put up after sanction is received. It is not the case where the petitioner could invoke the extraordinary powers of this court vesting in it under Section 482 Cr.P.C. He will have the full opportunity of trial before the Court. The Court will scan the evidence brought on record. Section 197 Cr.P.C. reads as follows :-