Ashutosh Mohunta, J. - (1.) THIS judgment will dispose of Criminal Appeal No. S -3083 -SB of 2010 (O&M) titled as B.K. Uppal v. State of Punjab, Criminal Misc. No. M -6309 of 2011 titled as S. Chattopadhyaya v. State of Punjab, Criminal Misc. No. M -35269 of 2010 and Criminal Appeal No. S -2953 - SB of 2010 (O&M) both titled as Surinder Pal Singh v. State of Punjab involving common questions of law and facts arising out of impugned judgment dated 01/10/2010 passed by Special Judge SAS Nagar, Mohali vide which the appellants herein have been ordered to be proceeded against under Sections 120 -B, 182, 193, 211, 219 and 219 of the Indian Penal Code (in short the CODE) vide summoning order dated 26.10.2010 passed by SDJM, Mohali on a complaint filed under Section 340 Cr.P.C. before the Competent Court. Since all the above four cases arise out of the same complaint and contain the same facts, therefore, for brevity facts have been taken from CRA -S -3083 -SB -2010 titled B.K. Uppal v. State of Punjab, which reads as under.
(2.) SH . Balwant Singh son of Sh. Sukhdev Singh resident of Dehlwan, Tehsil Bhikhi, District Mansa filed a complaint to the then Chief Minister of Punjab alleging that Sh. Parkash Singh Badal and his family members including his wife Smt. Surinder Kaur Badal and his son Sh. Sukhbir Singh Badal had amassed huge assets during the term of Sh. Parkash Singh Badal as Chief Minister of Punjab from 1997 -2002. The said complaint was marked to Chief Director Vigilance Bureau, Punjab for 'Investigation and Report". The Chief Director Vigilance Bureau, Punjab in order to investigate the matter directed registration of FIR No. 15 dated 24.6.2003 under Sections 420, 467, 471, 120 -B of IPC and Section 13(1) read with 12(2) of Prevention of Corruption Act, 1988 and accordingly the same was registered at Police Station Flying Squad -I, Mohali by SSP Vigilance Bureau Punjab. Shri Surinder Pal Singh (hereinafter referred to as Investigating Officer), himself took up investigation of the case and made an endorsement on the FIR to this effect. The Investigating Officer for the purpose of investigation constituted teams, associated witnesses whose statements were recorded and also obtained warrants for conducting search and inspection of properties belonging to Shri Parkash Singh Badal and his family members, as well as their associates. The task of search and inspection of various properties was entrusted to different officers. In order to oversee the investigation done by the Investigating Officer, the Chief Director Vigilance Bureau appointed two officers of the rank of D.I.G. Police, Vigilance Bureau, Punjab as supervising officers. B.K. Uppal was appointed as Supervising Officer (hereinafter referred to as "appellant") to oversee the investigation pertaining to the assets of Badal family in India while Shri S. Chatopadhya, D.I.G. was to oversee the properties allegedly held by Badal Family outside India. Detailed investigation was carried out by the officers of the rank of S.P., D.S.P., XEN's, S.D.O., Architects Surveyors, auditors and others who were employees of Punjab Government, most of whom were on deputation with the Vigilance Bureau, Punjab, besides private evaluators.
(3.) WHILE conducting search and inspection, videography/photography was also done in order to avoid any distortions. Properties held by Badal Family were evaluated by the experts and evidence with regard to their income was collected. The properties were inspected and evaluated twice in order to ascertain the accuracy of the assessment. The Investigating Officer prepared a challan on the basis of documentary evidence collected during the due course of investigation in the form of accounts statements, disclosed income, property assessment and recorded statements of all relevant witnesses. The said challan was forwarded to the concerned District Attorney who along with his team, perused the challan and after vetting, approved the same. The Investigating Officer approached the government for the grant of sanction against the accused Shri Parkash Singh Badal which was granted by the Speaker, Punjab Legislative Assembly. After completing all formalities viz. Presenting the challan, the same was put up by the Investigating Officer before the appellant Sh. B.K. Uppal, who certified the correctness of challan in capacity of Supervising Officer and granted formal approval to put up the same in Court as per the law.;