Kanwaljit Singh vs State of Punjab

S.S. Grewal, J

Kanwaljit Singh, Junior Engineer, with Executive Engineer, Punjab Mandi Karan Board, Ludhiana has moved this petition under Section 482 of the Code of Criminal Procedure read with Article 21 of the Constitution of India for quashing First Information Report No 99 registered against him on 1541977, under Section 5 (2) 47 of the Prevention of Corruption Act read with Section 420, 467, 468, 471 and 120 B of the Indian Penal Code, and proceedings taken thereunder.

According to the allegations against the petitioner he prepared voucher No. 89 dated 2061974 by which payment of Rs. 99/ is stated to have been mad. to Baldev Singh for supply of water for construction of road from Adampur to Hoshiarpur. According to the prosecution the said voucher was prepared by the petitioner and the payment was made by Shri Amarjit Singh Dhingra, SubDivisional Engineer and the bill was prepared by Shri Devi Dass, SubDivisional Clerk on the measurement made by the petitioner.

In reply filed by the Punjab State it was pleaded that the voucher No. 89 dated 2041974 was prepared by the petitioner on the basis of the bogus entry made by him and the payment of Rs. 99/ shown to have been made to Baldev Singh for supply of water was not actually received by Baldev Singh aforesaid.

It was contended that the allegations in the First Information Report relate to the year 1974, where as first it Information Report was registered on 1541977, and, no challan has been presented against the petitioner on the basis of the said report in the Court, as such sub rule (3) of rule 2.2 of Punjab Civil Services Rule Vol II is a complete bar for the institution of judicial proceedings on the basis of the first information report in respect of allegations which, relate to period exceeding four years. Reliance in this respect has rightly been placed on the Single Bench authority of this Court State of Punjab vs Sain Dass and others. 1988 Chandigarh Criminal Cases 547 therein dealing with the quashment of proceedings under section 5(2) 47 of Prevention of Corruption Act and under Sections 409, 420, 467, 469, 471 and 120 B of the Indian Penal Code, brother Bahri, J held as under :

"Rule 2.2 applied to departmental as well as judicial proceedings civil or criminal which is clear from the explanation attached to the rule itself, Subrule (3) of rule 2.2 is a complete bar for institution of judicial proceedings in respect of a cause of action which arose on an event which took place more than four years before such institution"

In the instant case no challan has been presented even though 15 years have passed after the commission of the offences alleged in the first information report. This is in clear violation of constitutional guarantee of a speedy trial contemplated under Article 21 of the Constitution of India. I am fortified in my view by the Single Bench authority of this Court in Jasbir Singh vs State of Punjab, 1980 Chandigarh Criminal Cases 298 and another Single Bench authority of this Court in Amar Nath and others vs State of Punjab, 1987 (1) Chandigarh Criminal Cases 113.

For the foregoing reasons, the first information report and the resultant proceedings taken against the petitioner are directed to be quashed and this petition is accepted accordingly.

Revision allowed.