NIRMAL SINGH KAHLON Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition is directed against the order dated 7. 5. 2007 (P-8), passed by the Special Judge, rupnagar, rejecting the application filed by the petitioner for dropping the proceedings of case FIR No. 11, dated 16. 5. 2002, under sections 420, 467, 471, 120- B IPC and section 13 (1) (d) read with Section 13 (2) of the prevention of Corruption Act, 1988 (for brevity, 'the Act'), registered at Police Station Vigilance Bureau, Flying Squad-I, Mohali.

(2.) THE petitioner Nirmal Singh Kahlon was inducted as a Cabinet Minister in the akali Dal Government during the period 1997 to 2002. The petitioner has alleged that the Congress Chief Minister, Capt. Amarinder Singh, assumed his office and launched a drive against corruption. According to the petitioner this was a motivated and an arbitrary action intended to harass and falsely implicate the former ministers holding different portfolios in the cabinet of shri Parkash Singh Badal, the then Chief minister of Shiromani Akali Dal. The Ministers were sought to be involved in false and frivolous cases. Firstly, the State Government issued a notification on 19. 12. 2002. A false complaint was made against the petitioner and on 16. 5. 2002 an FIR No. 11, under Sections 420, 467, 120-B IPC and section 13 (1) (d) read with Section 13 (2) of the Act, was registered against him at Police Station, Mohali. Another FIR No. 13, dated 14. 6. 2002, under Sections 420, 467, 468, 120-B IPC and Section 13 (1) (d) read with Section 13 (2) of the Act was also registered at Police Station, Vigilance Bureau, flying Squad-1, Mohali. Thereafter the government also issued notification dated 17. 11. 2003, requiring that the cases within the jurisdiction of Police Station, Vigilance bureau, Flying Squad-1, Mohali, were to be tried by the Special Judge at Ropar. Notifications dated 19. 12. 2002 and 17. 11. 2003 gave jurisdiction to this police station all over the State of Punjab in respect of specified cases.

(3.) IN furtherance to FIR No. 11, the investigating agency presented the challan before the Court of Special Judge, Ropar. The allegations in the challan were made against the petitioner that he had purchased drag Line Machines from Escorts JCB Limited at a price much higher than the price at which it was purchased by the State of haryana from the same company. After presentation of the challan, the petitioner was summoned by the learned Special Judge, ropar.