PUSHPINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal Main Miscellaneous Petition filed under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, lays challenge to order dated 27.6.2019 passed by learned Special Judge, Kangra at Dharamshala in case No. UTR/CR No.5/2017, titled as State of H.P. Vs. Pushpinder Singh, whereby recommendation for cancellation of FIR No.5/13, dated 5.4.2013 made by Superintendent of Police, SV & ACB, Dharamshala, has been declined.

(2.) Reply of the respondent filed on the affidavit of Superintendent of Police, SV & ACB, Dharamshala, reveals that report No.01/2012 (DMA) 987,dated 112-01-2012 was received in police Station SV & ACB, Dharamshala from the Office of Vigilance Headquarter, Shimla against the petitioner herein with the direction to verify the allegations levelled in the source report. In the complaint, complainant alleged that petitioner herein collected wealth beyond his known sources of income. Complainant alleged that petitioner herein has no other earning member in his family, but he has specious house, luxurious household and has also a luxurious car. Complainant also alleged that petitioner herein repaid loan amounting to Rs. 7,00,000/- within a year.

(3.) On the basis of aforesaid complaint, inquiry was conducted by Sub Inspector Geeta Prakash and Jagdish Chand. During the course of inquiry, 43% disproportionate assets were found, hence FIR, detailed hereinabove, came to be lodged against the present petitioner. During investigation, 9.38 % disproportionate assets were found unaccounted from the known sources of the income of the accused and therefore keeping in view 10% margin of disproportionate assets a closure report came to be submitted in the Court of learned Special Judge, Dharamshala. However, learned Special Judge, Dharamshala vide impugned order dated 27.6.2019 declined to accept the aforesaid closure report. In the aforesaid background, petitioner against whom FIR, as mentioned hereinabove, came to be lodged on the basis of source report, as referred hereinabove, has approached this Court in the instant proceedings, praying therein to accept the closure report after setting aside the impugned order.