NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS an application under section 482, Code of Criminal Procedure, read with Article 227 of the Constitution of India, with a prayer for quashing the proceedings pending against the petitioner, Narinder Singh and others, in the Court of Judicial Magistrate First Class, Amritsar, in First Information Report No. 202, dated May 4, 1982, under Sections 225/224, 147/149, 201/506, 186 Indian Penal Code.

(2.) THE case of the prosecution is that the petitioner No. 1 was caught on May 4, 1982 while allegedly accepting bribe of Rs. 50/- in an arranged raid. The First Information Report in regard to this case is No. 201, of May 4, 1982. Petitioner Nos. 2 to 5 who are employees of the same Department are said to be present at the time of the raid who raised a protest against the false implication of petitioner No. 1. In consequence of the prosecution of petitioner No. 1, he was convicted by the Court of Sessions, Amritsar under section 5(2), read with section 5(1) (d) of the Prevention of Corruption Act was sentenced to two years Rigorous Imprisonment and a fine of Rs. 500/-. In default of payment of fine, he was ordered to undergo further Rigorous Imprisonment for two months. Petitioner No. 1 preferred an appeal against the aforesaid conviction and sentence which was allowed by this Court on August 28, 1984, and the said petitioner was acquitted.

(3.) MRS . Vanita Kataria, learned counsel for the petitioners has raised certain contentions, which may be noticed in turn. It is submitted in the first instance that Narinder Singh, petitioner No. 1 having been tried and acquitted in the case under section 5(2) read with section 5(1) (d) of the Prevention of Corruption Act, he cannot be prosecuted in respect of some other offences relating to the same incident more so after a lapse of three years of the occurrence. Counsel has relied upon the provisions section 300, Code of Criminal Procedure. The said section may be noticed in extenso for a proper appreciation of the matter:-