- (1.) IN view of commonality of facts and law involved therein, CRR No. 321 of 2005, 'Balbir Singh versus State of Punjab', CRR No. 344 of 2005, 'Balbir Singh versus State of Punjab' and CRR No. 345 of 2005, 'Balbir Singh versus State of Punjab', are proposed to be disposed of by this common judgment being passed in CRR No. 321 of 2005, 'Balbir Singh versus State of Punjab'.
(2.) FACT situation giving rise to the instant revision petitions suggests that on January 31, 1995, Police Station, Tanda in District Hoshiarpur, received a letter dated January 30, 1995 (Exhibit PW8/A) stating that Balbir Singh (the petitioner herein), while working as Cashier with Punjab State Electricity Board (for short, 'the Board') had forged signatures of Revenue Accountant and bank officials, had opened bank accounts in his own name as also in the names of his relatives and thereby had embezzled an amount of Rs.7,01,930/ -. While giving details of some accounts stated to have been opened by the petitioner, the letter alleged that these accounts were opened only for the purpose of pocketing cash from the Board's cash chest. Some relatives of the petitioner were also alleged to be conniving with him in the matter.
(3.) LETTER dated January 30, 1995 was followed by another letter, Exhibit PW8/B, wherein it was alleged that the petitioner was to deposit an amount of Rs. 1,82,343/ -, which he had withdrawn from cash chest of the Board, in State Bank of India, but he did not do so and, instead, forged the bank receipts (or say 'pay -in -slips') and handed those receipts over to Board's office. Based on the allegations contained in the two letters, referred to above, First Information Report (for short, 'FIR'), No. 11 of January 31, 1995 was recorded at Police Station, Tanda in District Hoshiarpur, under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code (for short, 'IPC'). The matter was investigated into and on completion of investigation three reports, one relating to the period January 04, 1995 to January 25, 1995, second relating to the period from September 12, 1994 to December 31, 1994, and the third with regard to the period April 18, 1994 to August 25, 1994, were presented, keeping in view the provisions of Section 219 of the Criminal Procedure Code, 1973 (for short, 'Cr.P.C.'), before the learned jurisdictional magistrate, in terms of sub -section (2) of Section 173, Cr.P.C., arraigning the petitioner, Karamjit Singh, and Vijay Kumar (in Criminal Case No.129/2 of 23.12.1995) as accused.;