B.S.THIND Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these Criminal Revisions are being disposed of by a common judgment as these arise out of the same order dated 31st October, 1991 passed by the Chief Judicial Magistrate, Shimla, in application No. 66/2 of 1991 but the documents on the file of Criminal Revision No. 109 of 1991 will be referred to.

(2.) A case F. I. R. No. 21 dated 16th January, 1991 under section 120 -B, I. P. C, section 13 (d) (1) (ii) and (iii) of the Prevention of Corruption Act and Ss. 8 (c) and 9 (c) of the H. P Prevention of Specific Corrupt Practices Act, 1983, Police Station, Enforcement, South Zone, .Shimla was registered against M/s. Shimla Engineers and Builders, 9, 1st Floor, Lower Mall, Shimla, and others. Petitioner, Sh. B. S. Thind, presently working as Deputy Inspector General of Police, Enforcement, South Zone, Shimla, took up the investigation of the case and on 17th January, 1991 caused search to be made through his the then Superintendent of Police, Sh. Gurbaksh Singh of the premises of 9/1, Lower Mall, Shimla ; 25, the Mall, System Sales, Shimla and 19, Eastern Upper Plats, the Mall, Shimla. In fact, search was made in the premises of 25, the Mall, Shimla, only and certain documents were taken into possession vide Seizure Memo, Annexure C to the petition. These documents pertain to M/s. Shimla Engineers and Builders and were produced by respondent Sh. Sharat Chander Rai, one of its partners voluntarily as mentioned in the Seizure Memo itself. Similarly, searches of residential premises of other co -accused, Sh. J. S. Parihar, Executive Engineer, Nathpa Jhakri Project, Sh. M. C. Tiwari, Member (Project) H. P. S. E. B. (retired) were also got conducted by other Police Officers. The search of the house of Sh. O. P. Mahajan, Chief Engineer, Nathpa Jhakri Project, was conducted by the petitioner, Sh. B. S. Thind, himself.

(3.) On 24th January, 1992, while granting anticipatory bail to respondent and other co -accused, learned brother D. P. Sood, J. ordered that Zimneys of the case be signed by the Registrar of this Court and it was done. Thereafter, the respondent filed a Criminal complaint under sections 166/167/448/466/120 -B read with section 34, I. P. C. against the petitioners in both the revision petitions in the Court of the Chief Judicial Magistrate, Shimla. Copy of the complaint is on record as Annexure ˜D to the petition. The complaint contained two sets of allegations. One set of allegations pertains to alleged criminal trespass by the petitioners in the premises 25, the Mall, Shimla, where the proprietor of System Sales, Sh. Rakesh Bhatnagar, has his individual office. The other set of allegations are for forgoing documents pertaining to searches conducted of the residences of S/Sh. J. S. Parihar and M. C. Tiwari. It is alleged that since these documents are of earlier dates to 24th January, 1991 and not signed by the Registrar (Vig.) of this Court in pursuance to the order dated January, 1991, these are false and forged ones. Copies of these documents are filed as Annexures ˜B and C to the complaint Annexure ˜D to the petition (paged 54 to 62).