BRIJ BHUSHAN KAUSHIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.4, dated 12.04.1997, under Sections 420/468/471/120-B IPC and Section 13(1) of the Prevention of Corruption Act, registered at Police Station State Vigilance Bureau, Hisar, District Hisar and all proceedings emanating therefrom.

(2.) Petitioner, who appears in person submits that it is a case of false implication and the allegations of the petitioner being in connivance with other co-accused and having allotted plots in Auto Market, Sirsa by misuse/abuse of power and for personal gain are totally baseless. It has been contended that petitioner was Sub Divisional Magistrate, Sirsa from 25.07.1991 to 06.10.1994 and was having additional charge of Administrator, Municipal Council, Sirsa from 19.03.1994 to 06.10.1994. The then Executive Officer, District Town Planner, Secretary and other officials of Municipal Council, Sirsa had put up an official note in a routine manner on 28.03.1994 carrying a proposal to allot vacant plots of Auto Market, Sirsa to new members of the Automobile Association. The petitioner, while holding the charge of Administrator had approved the official note in a routine manner and in good faith as Municipal Council, Sirsa was to be financially benefited by allotment of the vacant plots. It is urged that under such circumstances petitioner should not be criminally prosecuted.

(3.) Petitioner argues that he has been deprived of his constitutional right to have a speedy investigation and trial inasmuch as the impugned FIR was registered in the year 1997 pertaining to certain allotments made in the year 1994 and the charge sheet has been filed in the year 2016 i.e. after an inordinate delay of about 20 years. It is vehemently argued that under such circumstances, delay would be fatal and the criminal proceedings in relation to the impugned FIR dated 12.04.1997 cannot sustain.