S.S.GREWAL, J. - (1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) read with Article 227 of the Constitution of India, relates to quashment of First Information Report No. 66 dated 2-5-1989, Annexure P/1, registered at police Station Division No. 6, Jalandhar under Section 13(1)(E) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act),
(2.) IN brief facts relevant for the disposal of this petition as emerge from the impugned first information report, are that the present petitioner was posted as Junior Engineer in Punjab Water Supply and Sewerage Board, Jalandhar, during the period 1975 to 1977. During July, 1975 to April, 1977 the petitioner is alleged to have acquired money by illegal means. He constructed a house in Shri Guru Teg Bhadur Nagar, Jalandhar at a cost of Rs. 57,994/- and also purchased coloured T.V. and refrigerator etc. His income from all known sources was Rs. 14,631/- during the said period, and thus he failed to explain the acquisition of amount of Rs. 62,799/- it was further alleged that the petitioner has acquired property disproportionate to his known sources of income and on the basis of these allegations the impugned first information report under Section 131(E) read with Section 13(2) of the Act was registered against the petitioner. The explanation on behalf of the petitioner is that the plot was purchased for Rs. 9000/- in the year 1975 by his wife Mrs. Vijay Chopra and the construction was raised after withdrawing petty amount from time to time from the Bank accounts, General Provident Fund, Post Office, as well as from the Life Insurance Corporation and the construction was completed in the year 1985. It was further pleaded that the petitioners wife was employed as teachress in Arya Girls High School and was also doing private coaching and complete details of all these sources were shown to the Vigilance Department during the investigation. The State in its reply. pleaded that the petitioner has constructed/completed his house in Shri Guru Teg Bahadur Nagar, Jalandhar in the year 1977 and the plea of the petitioner that the house was completed in the year 1985 is an afterthought. It was, however, admitted that criminal case was registered on the basis of the result of preliminary enquiry No. 3 dated 4th February, 1986, and after collecting oral and documentary evidence, criminal case against the petitioner was registered in the year 1989 and impugned FIR is not liable to be quashed.
(3.) THE learned counsel for the parties were heard.;