J.B.GARG,J - (1.) THE present petition has been moved under Section 482 of the Code of Criminal Procedure challenging F.I.R. 149 dated 28.7.87 under Section 5(2) of the Prevention of Corruption Act, read with Section 409 of the Indian Penal Code registered at Police Station, City, Phagwara.
(2.) BRIEFLY , it has been alleged that Krishan Lal son of Diwan Chand a Balmiki of Phagwara was alleged to be an accomplice in theft of some gold ornaments and its subsequent sale to a few goldsmiths of the Ilaqa. When he was required during investigation Ram Lubhaya petitioner allegedly demanded an illegal gratification of Rs. 15,000/-. The complaintant Krishan Lal passed on a sum of Rs. 5000/- not to the petitioner but to the President of the Association of the Goldsmiths and it has further been alleged that the aforesaid sum of Rs. 5000/- and another sum of Rs. 20000/- was arranged by the petitioner and passed on to the President of the Goldsmiths and then to the petitioner. Krishan Lal was allegedly paraded through the town and when he ultimately made an affidavit against petitioner in this regard on 26.7.87 it was attested by an Executive Magistrate of Phagwara and the present case was registered. In the present petition it has been averred that in the month of April 1967 the petitioner remained busy in Phagwara as SHO of Police Station City Phagwara because several extremists had threatened to shoot down Shri Sunil Dutt, Member Parliament who had entered the town on a kind of goodwill mission in Punjab and there were other important events such as encounter with some students including Inderbir Singh of Polytechnic College, Phagwara; that aforesaid Inderbir Singh was the nephew of the wife of an officer and the aforesaid officer wanted a favour from the petitioner that Inderbir Singh the principal accused and who is a student of polytechnic college may be spared and since the petitioner could not oblige the aforesaid officer he along with the help of some others enumerated in para 2 of the petition got the present case registered against the petitioner. When the petitioner brought this to the notice of Shri K.L. Lekhi, the Senior Supreintendent of Police, Kapurthala the matter was brought to the notice of the Inspector General (Crime) Punjab, the officer concerned became further annoyed. However, the petitioner was transferred from Phagwara to Kapurthala on 25th of July, 1987 and it was after fabricating several affidavits that the present case was registered. The petitioner was enlarged on bail by Additional Sessions Judge; that the date of occurrence has not been specified by the complainant nor worked out by the investigating agency. The complainant could not satisfy even the investigating agency whether he borrowed some money from Jagdish Singh or from Mohinder Singh; that even a challan was not presented till 27.2.1989 though the F.I.R. was registered on 28.7.1987. This fact has not been challenged.
(3.) AT any rate, it appears to be a case where there was prima facie no evidence that any money passed from the complainant to the petitioner who also sought pre-mature retirement on 13.8.1987.;