Civil Writ Petition No. 8271 of 2012. Case: Tirath Singh Vs State of Punjab. High Court of Punjab (India)
| Case Number | Civil Writ Petition No. 8271 of 2012 |
| Counsel | For Appellant: Mayank Mathur, Advocate for Sunil Garg, Advocate and For Respondents: Rupam Aggarwal, DAG and Navkiran Singh, Advocate |
| Judges | Ritu Bahri, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 197; Indian Penal Code 1860, (IPC) - Sections 167, 211, 355, 506; Prevention of Corruption Act, 1988 - Sections 13(2), 19, 7 |
| Judgement Date | August 02, 2014 |
| Court | High Court of Punjab (India) |
Judgment:
Ritu Bahri, J., (At Chandigarh)
1. The petitioner is seeking a writ in the nature of certiorari for quashing the letter dated 03.03.2008 (Annexure P-4), passed by the Commissioner, Patiala Division, Patiala-respondent No. 2 and letter dated 31.03.2008 (Annexure P-5), passed by the Deputy Commissioner, Fatehgarh Sahib-respondent No. 3, whereby sanction granted for prosecution has been withdrawn.
2. Smt. Paramjit Kaur, wife of Tirath Singh-petitioner inherited property from her father in village Rurki, District Fatehgarh Sahib. She made an application to Mohan Singh, Halqa Pawari, Rurki, for sanctioning mutation in her favour, who demanded bribe of Rs. 5000/-, from the petitioner, which was later on reduced to Rs. 4000/-. The petitioner contacted one Avtar Singh son of Harnek Singh and they made an attempt to get the said Patwari arrested. The petitioner went to the office of Vigilance Bureau, Patiala, after collecting Rs. 4000/- with Avtar Singh ad narrated the entire story. Thereafter, FIR No. 9 dated 01.02.2006, under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988, was registered at Police Station, Vigilance Bureau, Patiala (Annexure P-1). The raiding party conducted a raid in the office of Halqa Patwari, Rurki, from where Mohan Singh was caught red handed and bribe of Rs. 4000/- was recovered from his possession. After investigation, the Vigilance department recorded the statements of the witnesses and sought sanction for prosecution against aforesaid Mohan Singh from the Deputy Commissioner, Fatehgarh Sahib-respondent No. 3. Thereafter, the petitioner filed CWP no. 16758 of 2006 before this Court, for giving direction to respondent No. 3 to give final sanction to prosecute Mohan Sigh, Halqa Patwari. The said petition was disposed of by this Court vide order dated 24.10.2006 by giving a direction to respondent No. 3 to take a final decision in the matter of grant of final sanction. Thereafter, vide order dated 29.08.2006 (Annexure P-2), respondent No. 3 declined to grant sanction of prosecution against Mohan Singh, Patwari. This order was challenged by the petitioner before this Court by filing CWP No. 6281 of 2007. After notice, a detailed reply was filed by the Vigilance Bureau, stating that a parallel enquiry had been conducted by the DSP, Nabha. Respondent No. 3, without examining the report of the Vigilance Bureau, had declined to grant sanction to prosecution Mohan Singh. Several...
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