PANKAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through present petition filed under Section 482 Cr.P.C, petitioners pray for issuing directions/ orders to secure ends of justice and to prevent abuse of the process of law.

(2.) Fundamental issue which arises for consideration is whether protection under Section 195 Cr.P.C is also available to the accused who are not public servants.

(3.) Some facts are required to be noticed. FIR.has been lodged by officials of Service Tax Department alleging that when they went for search of the premises being run by the accused-petitioners namely M/s World Laparoscopy Hospital Cyber City, DLF Phase II, Gurgaon on 21.3.2017 on the strength of visit authorization issued by their superior officials for the purpose of inquiry regarding payment of service tax, the members of team were manhandled, obstructed and illegally confined. FIR.in this regard was registered on 22.3.2017. Investigating agency after completing the investigation filed report under Section 173 Cr.P.C. Learned Trial Court after finding prima facie case, framed charges against the petitioners.