A.S.NEHRA,J - (1.) PREM Lal Piplani, Sub Divisional Officer, Punjab State Electricity Board, Hoshiarpur, has filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 87 dated 1-10-1992 under Sections 7 and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988, registered at Police Station, Adampur, District Jalandhar. The First Information Report was registered on the statement of Santokh Singh son of Kundan Singh, resident of village Jalbhey, Police Station, Adampur, District Jalandhar. The allegations mentioned in the First Information Report are as under :- "I am resident of village Jalbhey. Our Cold Storage and Ice Factory is in village Badala Mahi, District Hoshiarpur. Shri Prem Lal Piplani, S.D.O., Punjab Electricity Board is posted at Sham Chorasi. Shri Prem Pal Piplani, S.D.O., visited the storage and demanded Rs. 2000/- monthly. I gave him Rs. 1300/- in the presence of Raj Kumar Manager, Cold Storage, because he had threatened to impose power cut and to spoil the season. yesterday morning when I was waiting for bus to come back to Jalandhar, then Shri Prem Pal Piplani came there on scooter and he called me to a corner at bus stand and asked me to pay Rs. 700/- the previous balance and Rs. 2000/- for monthly of this month failing which he threatened me to spoil the season by imposing power cut. I humbly requested him, then he agreed to have Rs. 2000/- and asked me to arrange the money by 1.00 p.m. at Cold Storage, when he will collect the amount personally. I am not willing to pay the bribe, but have given promise under compulsions. I hereby submit currency notes of Rs. 2000/-. Action be taken. I have heard my statement which is correct."
(2.) THE petitioner has submitted that he was initially appointed as Line Superintendent and was subsequently promoted to the post of Sub Divisional Officer and, at the time of occurrence, he was posted at Sub-Division, Sham Chorasi, Punjab State Electricity Board, District Hoshiarpur, that, during the performance of his official duties as Sub-Divisional Officer, the petitioner had to verify complaints, if any, made by customers as some cold storages are located in the jurisdiction of that Sub-Division Sham Chorasi; that Santokh Singh, who is complainant in this case, is running a Cold Storage within the area of Sub Division Sham Chorasi, District Hoshiarpur and his Cold Storage is known as M/s. Satkartar Cold Storage, village Badala Mahi, Tehsil and District Hoshiarpur; that as the consumption of electricity of M/s. Satkartar Cold Storage was heavy, so Santokh Singh, with a view to get less bill, approached the petitioner many a time but the petitioner refused to oblige him; that, in the year 1990, a bill of actual electricity consumption was sent to Santokh Singh but Santokh Singh, without making the payment of that bill, filed a civil suit in the Court of Senior Sub Judge, Hoshiarpur, impleading the petitioner as defendant No. 3 and that the civil suit is still pending in the Civil Court at Hoshiarpur. The petitioner has filed a copy of the plaint dated 28-3-1990, as Annexure P-1 to this petition. It has been further mentioned by the petitioner that, although correct bills were issued to Santokh Singh but even then the petitioner has been dragged into litigation due to mala fide intention by mentioning that excess bill has been issued at the instance of the petitioner, which was factually incorrect.
(3.) IT is further mentioned in the petition that the Flying Squad of the Punjab State Electricity Board checked the premises of the unit of Cold Storage of Santokh Singh and found that a load of 7.60 K.W. excess than the sanctioned load was being consumed by Santokh Singh and, therefore, Santokh Singh was asked to pay Rs. 7460/- as load surcharge that M/s. Satkartar Cold Storage through Santokh Singh was directed to submit test report after giving away the extra load with a warning that "otherwise the electricity connection" will have to be discontinued; and that this instruction was sent in writing to Santokh Singh, vide letter No. 4852 dated 4th April 1990, but, instead of complying with the instructions, Santokh Singh filed another civil suit in the Court of Sub Judge Ist Class, Hoshiarpur, and a copy of the said plaint dated 17-4-1990 is Annexure P-2 to the petition. The first suit, vide Annexure P-1, was filed for restraining the Punjab State Electricity Board from recovering electricity charges of Rs. 40,326/- and the second suit was filed for restraining the Superintending Engineer, the Executive Engineer and the Sub Divisional Officer, Sub Division Sham Chorasi, District Hoshiarpur, from disconnecting the electricity connection and also for restraining them from recovering an amount of Rs. 7460/-. It is further alleged in the petition that when the civil suits pending, Santokh Singh pressurized the petitioner to help him illegally, ignoring the rules and regulations and that the petitioner showed his helplessness, upon which, Santokh Singh warned the petitioner that, in case he failed to comply with his words, then the petitioner will be in trouble, but the petitioner did not give any weightage to such talks. It is further alleged that Santokh Singh became inimical to the petitioner for the said reason, and, with the help of Balram, who is the brother-in-law of Santokh Singh and is working as ASI/Reader to D.S.P., Vigilance, Jalandhar, concocted a false story with a view to involve the petitioner in this corruption case. It is further alleged that, on 1-10-1992 when the petitioner was on his way to Hoshiarpur, he was illegally detained by the Vigilance Staff and was firstly taken to the Cold Storage of Santokh Singh at village Badala Mahi, District Hoshiarpur, where Santokh Singh joined the vigilance staff and the petitioner was taken to Police Station, Adampur in District Jalandhar. It is further alleged that the petitioner protested against his illegal arrest and asked the police officials as to why he had been kidnapped and that then the petitioner learned that Santokh Singh had lodged a complaint alleging therein about the demand of illegal gratification by the petitioner from him. It is further mentioned in the petition that Santokh Singh's mala fide intention is clear from the fact that the petitioner is working at Sham Chorasi, District Hoshiarpur, and the Cold Storage is also located in District Hoshiarpur and that, since Santokh Singh has relations in the Vigilance department, so they connived with him to involve the petitioner in this false case and that is the reason that the petitioner was kidnapped illegally by the police other than the police of District Hoshiarpur.;