- (1.) The petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) for the purpose of seeking quashing of FIR No. 105 dated 2.4.1997 registered under Sections 7 & 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and Sections 217, 218, 201, 419, 420 & 120-B of the Indian Penal Code, 1860 (for short 'IPC') as well as all subsequent proceedings arising therefrom including the final report (challan) dated 02.10.2006 (Annexure P-7) on the ground of being an abuse of the process of law.
(2.) This case has chequered history. The allegations against the petitioners are that petitioner No. 1 while being posted as Deputy Superintendent of Police Sadar, Ludhiana had recommended cancellation of FIR No. 289 dated 14.8.1996 registered with Police Station Sadar, Ludhiana under Sections 302, 148 & 149 IPC in respect of murder of Dalal Chander (labourer) and petitioner No. 2 while being posted as Superintendent of Police, Operation and acting as Senior Superintendent of Police, Ludhiana issued an order to SHO, Sadar, Ludhiana to enter the untraced report in respect of the aforesaid FIR No. 289 and petitioner No. 3 while being posted as SHO, P.S. Jodhewal, Ludhiana had moved an application for declaring the said FIR No. 289 as untraced and the petitioners in furtherance of their common object of declaring the FIR No. 289 as untraced had received illegal gratification and had tampered the record.
(3.) Learned counsel for the petitioners has submitted that the petitioners had filed a representation about their false implication in the present case to the Director General of Police, Punjab who ordered an enquiry by the Inspector General of Police (Zonal), Jalandhar. In the two separate reports (Annexures P-2 and P-3) forwarded to the Director General of Police, Punjab, the petitioners were declared to be innocent. The Director General of Police, Punjab got the said reports verified from the Additional Director General of Police (Crime), Punjab, who vide his office memo No. 2202 dated 28.5.1999 wrote to the Inspector General of Police (Zonal) that the petitioners are innocent and may be discharged from the present FIR. Even vide order dated 15.3.2000 (Annexure P-4) the departmental action directed to be initiated against petitioner No. 3 in the verification report (Annexure P-3) was dropped having been found to be without any substance.;