ADARSH KUMAR BATRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') read with Article 21 of the Constitution of India (hereinafter referred to as 'the Constitutions) relates to quashment of the impugned First Information Report No.29 registered at Police Station, Nangal, district Ropar on 21-3-1989 against the petitioner.

(2.) According to the allegations in the petition, the petitioner was working as Junior Engineer P.W.D. Public Health. He was posted as Junior Engineer on 9-2-1971 and remained posted at Nangal up to the year 1978 when he was transferred to Himachal Pradesh and remained there up to 1981 when he was again transferred to Nangal. The allegations against the petitioner, are, that the enquiry by the Vigilance department is pending against him regarding purchase of plot No.97 at Nangal for Rs.3300.00 and the construction made thereon in the year 1980 by spending Rs. 1,48,858.00 ; purchase of motor cycle in the year 1978 for Rs.8000.00 ; installation of telephone at his house in the year 1980 and purchase of Maruti Van for Rs.81,000.00. According to the allegations in the FIR, the plot was purchased by his wife Smt. Indira Kumari for Rs.3300.00 and building was constructed over it after spending Rs. 1,48,858.00-It is also stated therein that during the period 1978 to 1987 the known sources of income of the petitioner were Rs. 2,94,000.00 whereas he had spent Rs.4,20,855.00 thereby an amount of Rs.1,28,543.00 was made by him by corrupt and illegal means and he has committed an offence punishable under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947.

(3.) The State in its reply admitted the registration of the case against the petitioner vide impugned First Information Report and pleaded that the amount of Rs. 1,28,543/ - was made by the petitioner by corrupt and illegal means and he is, thus, liable to be proceeded under the Prevention of Corruption Act, 1947.