PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, who is 72 years old, has filed this petition for quashing of FIR No. 62, dated 25.11.2001, registered under Sections 13(1) read with 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B IPC.

(2.) THE petitioner, who retired from service on 31.8.1994, has been saddled with criminal liability for something which he allegedly did during his service period between the years 1991 and 1993. At the time of retirement, the petitioner was never made aware that there was some allegation standing against him. He must have learnt to his shock, when after over 7 years of his retirement, he was named in the present FIR. The Investigating agency has not been very kind to him even subsequent thereto. They nearly took five years to present the challan in this case, which was done on 6.11.2006. Thereafter charge was framed against the petitioner on 15.10.2007. The petitioner has, thus, filed this petition for quashing of the FIR on the ground that delay in itself would be so fatal and would come to his rescue being violative of fundamental right of life and liberty contained in Article 21 of the Constitution of India.

(3.) ALLEGING fraud on the part of these persons and the fact that even employees of PWD Department had also connived with them, the present FIR was lodged by the Vigilance Department. It is accordingly alleged that action of the petitioner and his co-accused had caused loss to the Government and, thus, they are blamed for offences under Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act read with Section 120B IPC.