ASHOK SEHGAL S/O LATE SH MAN CHAND SEHGAL Vs. STATE OF H P THROUGH PRINCIPAL SECRETARY HOME AND VIGILANCE

JUDGEMENT

(1.) This petition, under section 482, Cr.P.C, has been filed for quashing statements/confessions of respondent Nos. 3 to 6 recorded by the Judicial Magistrate 1st Class, Solan, under section 164, Cr.P.C. and for quashing the orders of Judicial Magistrate 1st Class, Solan, granting pardon to respondent Nos. 3,4 under section 306, Cr.P.C.

(2.) The facts in brief, as per petitioner, are that an FIR No. 10/2009 dated 9.7.2009, has been registered at State Vigilance and Anti Corruption Bureau, Solan against petitioner and one another. The respondent No. 2 is the complainant, but despite that he investigated the case. The respondent No. 2 was transferred from Special Investigation Unit to Police Station, State Vigilance and Anti Corruption Bureau, Shimla in July, 2009, he had no power to investigate the case registered at Police Station, State Vigilance and Anti Corruption Bureau, Solan.

(3.) The respondent No. 2 had personal interest in false implication of the petitioner, he threatened the respondent Nos. 3 to 6 and got their statements/confessions recorded, under section 164, Cr.P.C. before the Judicial Magistrate 1st Class, Solan. The respondent No. 2 knew that it is only Special Judge, Solan, who is competent to record such statements in view of provisions of Prevention of Corruption Act, 1988 (for short, the Act). The respondent Nos. 3 and 4 had earlier made statements before the Special Judge, Solan. The respondent No. 2 concealed the fact from the Judicial Magistrate 1st Class, Solan (for short, Magistrate) that respondent Nos. 3 and 4 had earlier made statements before Special Judge, Solan.