Raghubir Singh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.13382 of 2017 (O&M) Date of Decision: 27.04.2022 RAGHUBIR SINGH ......Petitioner Vs STATE OF HARYANA AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Virender Singh Punia, Advocate for the petitioner.

Mr. Vivek Chauhan, Addl. A.G., Haryana.

Mr. G.N. Malik, Advocate for respondent No.2.

Mr. Rajesh Lamba, Advocate for respondent No.4.

Mr. Arvinder Singh, Advocate for respondent No.5.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner has filed this writ petition for twin reliefs i.e. for setting aside order dated 27.05.2013 passed by the competent authority/Chief Executive Officer, Haryana Wakf Board declining sanction for prosecution against respondents No.4 and 5 in FIR No.10 dated 03.04.2013 under Sections 7/8/13/49/88 of the Prevention of Corruption Act, P.S. SVB, Hisar and also for directing respondent No.1 to grant sanction

 for prosecution in the aforesaid case.

The competent authority/Chief Executive Officer, Haryana Wakf Board vide order dated 27.05.2013 declined the sanction for prosecution against respondents No.4 and 5, who were Estate Officer and Rent Controller, Haryana Wakf Board respectively.

Thereafter the Additional Sessions Judge, Fatehabad discharged respondents No.4 and 5 and charged the coaccused Prem Kumar, private person under Section 8 of the Prevention of Corruption Act. The discharge of respondents No.4 and 5 was in the context of want of sanction under Section 19 of the Prevention of Corruption Act.

Thereafter Prem Kumar was convicted by the Addl. Sessions Judge-I, Fatehabad for the offence under Section 8 of the Prevention of Corruption Act vide order dated 07.10.2016. Against the discharge of respondents No.4 and 5, petitioner filed CRR No.2592 of 2014. The said Crl. Revision petition was dismissed vide order dated 03.11.2014. The said order has attained finality.

Thereafter on the basis of one representation dated 28.12.2015, the present writ petition has been filed in the year 2017. Order of discharge passed by the Addl. Sessions Judge, Fatehabad has attained finality. In view of dismissal of CRR

 No.2592 of 2014, the present prayer in this petition does not survive. There is no justification to entertain this writ petition. For the reasons recorded hereinabove, this writ petition is dismissed.

(RAJ MOHAN SINGH) April 27, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No