JASWANT SINGH DDPO (RETIRED) Vs. STATE OF PUNJAB
LAWS(P&H)-2013-10-683
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 11,2013

JASWANT SINGH DDPO (RETIRED) Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.)Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 challenging the order dated 12.2.2013 whereby charge was ordered to be framed against him under Section 219, 409, 420, 465, 467, 471, 477, 120-B of the Indian Penal Code, 1860 ('IPC' for short) and Section 13(1), 13(2) of Prevention of Corruption Act, 1988 ('P.C.Act' for short) in FIR No. 46 dated 22.11.2004, registered at Police Station Vigilance Bureau, Jalandhar.
(2.)Learned counsel for the petitioner has submitted that the petitioner had passed the order dated 5.4.2001 (Annexure P- 2) as District Development and Panchayat Officer exercising the powers of Collector. The said order was challenged in this Court by way of Civil Writ Petition No. 7726 of 2001 and the same was upheld. In these circumstances, the petitioner could not be criminally proceeded in the FIR in question on the allegations that he had passed the order Annexure P-2 to help the private persons by misusing his position.
(3.)Learned State counsel, on the other hand, has opposed the petition.


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