BIKRAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON checking the accounts and making physical verification of the stocks of central stores of civil defence at Patiala, the Board of high officers found that during the preceding five years from 24th September, 1975 to 31st September, 1980, sundry articles set out in FIR No. 259 registered on 6th November, 1980, in Police Station Civil Lines, Patiala, valued at Rs. 50729.45 were short. Challan against the petitioners and others having been filed without obtaining sanction of the State Government in terms of Section 5(2) of the Home Guards Act, 1947. Proceedings taken against them were ordered to be dropped vide order dated 4th September, 1986, of the learned Additional Sessions Judge, Patiala. Necessary sanction has since been obtained on 19th October, 1987 and prosecution launched over again. Alleging that the prosecution is in respect of much too stale an occurrence of the years 1975 to 1980 delinquents have approached this Court in Criminal Miscellaneous No. 3733-M of 1988 for quashing the FIR and the resultant proceedings on grounds of inordinate delay.

(2.) I have heard Shri. G.S. Bhatia, Advocate, for the petitioners, Shri S.S. Saron, Assistant Advocate General, Punjab, for the State and have carefully gone through the relevant material on records.

(3.) IN this case also concurrence is of 1975 to 1980 and the prosecution against the accused has been permitted to be launched on 19th October, 1987, after a lapse of more than seven years. The inordinate delay of nearly eight years sounds the death-knell of the prosecution against the petitioners. Criminal Misc. No. 3733-M of 1988 is thus allowed. FIR No. 259 registered against the petitioners in Police Station Civil LInes, Patiala on 6th November, 1980 under Section 15(2) of the Prevention of Corruption Act and Sections 409/219/380/100-E, IPC, is quashed.