Augustine George Masih, J. - (1.) THIS petition under Section 482 Cr.P.C. has been preferred by the petitioners praying for quashing of Calandra dated 27.4.2005 (Annexure P -2) filed under Sections 182 and 193 of the Indian Penal Code and order dated 5.11.2009 (Annexure P -3) vide which the application moved by the petitioners for their discharge stands dismissed and all consequential proceedings arising there from.
(2.) IT is the contention of the counsel for the petitioners that FIR No.58 dated 12.12.2000 under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short 'the P.C. Act') was registered on the complaint filed by petitioner No.1 at Police Station, Vigilance Bureau, Patiala against Ashwani Kumar, J.E. After the investigation, challan was presented and thereafter charges were framed and trial proceeded with by the Court. During the proceedings before the Court, petitioners resiled from their statements leading to the acquittal of the accused Ashwani Kumar, J.E. Against the said order, no appeal has been preferred and the said judgment had attained finality. It is after the conclusion of the trial that the present proceedings have been initiated under Section 182 and 193 IPC by the Deputy Superintendent of Police, Vigilance Bureau, Phase II, Patiala, on the ground that the petitioners had given wrong information to the Investigating Agency. He contends that the Investigating Agency should have initiated proceedings under Section 182 IPC against the petitioners in case they had come to a conclusion that the information supplied by them was incorrect or false, but after the trial had taken place, the present Calandra against the petitioners cannot sustain. In support of this contention, counsel for the petitioners has placed reliance on the judgment of this Court in the case of Balraj Singh vs. State of Punjab,, 2007 (1) RCC 185. On this basis, he prays that the present petition may be allowed by quashing the Calandra and all consequential proceedings arising there from. On the other hand, counsel for the respondents submits that the FIR was registered against Ashwani Kumar, J.E., on a complaint filed by petitioner No.1 -Sukhchain Singh. Statements of both the petitioners were recorded during investigation and on the basis of said statements and evidence collected, challan was presented in Court leading to the trial wherein petitioners resiled from their statements resulting in the acquittal of accused -Ashwani Kumar and, therefore, proceedings against the petitioners under Section 182 and 193 IPC have been rightly initiated by the Deputy Superintendent of Police, who was the Investigating Officer and to whom the complaint was filed. Accordingly, he prays for dismissal of the present petition.
(3.) I have heard counsel for the parties and gone through the records of the case.;