AUGUSTINE GEORGE MASIH, J. - (1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner for quashing of FIR No. 31 dated 29.07.2004 under Sections 467, 468, 471, 166, 167, 192, 120-B IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 registered at Police Station Vigilance Bureau, Patiala.
(2.) IT has been contended by the petitioner that earlier the matter had been enquired into and a telegram was sent to the Punjab State Human Rights Commission, Chandigarh on 23.07.2004. The Punjab State Human Rights Commission, Chandigarh took cognizance of the matter and ordered an enquiry to be conducted by Inspector General of Police, Zone-I, Patiala. The Inspector General of Police, Zone-I, Patiala enquired into the matter and came to the conclusion that a false case has been registered against the petitioner. On the basis of the enquiry report submitted to the Punjab State Human Rights Commission, Chandigarh, order for cancellation of the impugned FIR was passed by the Punjab State Human Rights Commission, Chandigarh on 10.11.2004. In compliance with the order dated 10.11.2004, a cancellation report was submitted by the police (Vigilance Bureau) in the above mentioned FIR. This was done on the basis of a letter No. 14/199/2004-4 Home, 3/305/Chandigarh dated 07.12.2004 issued by the Government of Punjab, Department of Home Affairs and Justice (Home 3 Branch). This letter was also based on the orders passed by the Punjab State Human Rights Commission, Chandigarh.
(3.) THIS submission of the cancellation report by the Vigilance Bureau was challenged by one Harikrishan Sood by filing CWP No. 1226 of 2006 wherein he alleged that order dated 10.11.2004 passed by the Punjab State Human Rights Commission, Chandigarh is not sustainable in law as only recommendations could be forwarded to the Government by the Commission and no directions/orders could be issued to that effect. It was further contended that the State is not bound by the orders passed by the Commission and since the cancellation report has been submitted by the State only in compliance with the orders passed by the Punjab State Human Rights Commission, the same cannot be sustained. The State should apply its independent mind while coming to a conclusion with regard to the submission of the challan in the competent court.;