VIRENDER SINGH,J - (1.) PETITIONER is seeking quashing of Criminal challan No. 38/1/02 registered under Section 182 IPC, Annexure P-4 and the order dated 16.7.2002 Annexure P-6 vide which the cognizance of the same has been taken by the concerned Court and all the subsequent proceedings arising therefrom.
(2.) PURSUANT to the notice, State has also filed reply to the instant petition. Petitioner was working as maintenance contractor and he was given a contract of maintenance and repair of Oswal Sugar Mills Ltd., Mukerian in the year 1996. On his complaint a criminal case bearing FIR No. 51 dated 31.12.1996 was registered against Ajit Ram and Hardial Krishan under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 by Vigilance Bureau, Jalandhar. Ultimately, the aforesaid accused were acquitted by learned Special Judge, Hoshiarpur vide judgment Annexure P-3 dated 11.2.2002. Vigilance Bureau, Jalandhar after the acquittal of aforesaid two accused filed a Calendra Annexure P-4 under Section 182 Cr.P.C. against the petitioner. Along with the Calendra, an application Annexure P-5 under Section 195 Cr.P.C. was also moved. The petitioner was produced before the concerned Court along with the aforesaid Calendra vide Annexure P-6 he took the cognizance of the offence. Subsequently, vide order Annexure P-7 dated 19.8.2002, the learned trial Court issued notice under Section 182 of Indian Penal Code against the petitioner. Through the instant petition, the petitioner seeks quashing of aforesaid Annexures P-4 and P-6 respectively.
(3.) WHILE issuing notice of motion pronouncement of the final order was ordered to be stayed. However, trial Court was directed to continue with further proceedings.;