RAJINDERPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner for quashing of FIR No. 31 dated 29.07.2004 under Sections 467, 468, 471, 166, 167, 192, 120-B IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 registered at Police Station Vigilance Bureau, Patiala.

(2.) IT has been contended by the petitioner that earlier the matter had been enquired into and a telegram was sent to the Punjab State Human Rights Commission, Chandigarh on 23.07.2004. The Punjab State Human Rights Commission, Chandigarh took cognizance of the matter and ordered an enquiry to be conducted by Inspector General of Police, Zone-I, Patiala.

(3.) THIS submission of the cancellation report by the Vigilance Bureau was challenged by one Harikrishan Sood by filing CWP No. 1226 of 2006 wherein he alleged that order dated 10.11.2004 passed by the Punjab State Human Rights Commission, Chandigarh is not sustainable in law as only recommendations could be forwarded to the Government by the Commission and no directions/orders could be issued to that effect. It was further contended that the State is not bound by the orders passed by the Commission and since the cancellation report has been submitted by the State only in compliance with the orders passed by the Punjab State Human Rights Commission, the same cannot be sustained. The State should apply its independent mind while coming to a conclusion with regard to the submission of the challan in the competent court.