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High Court of Punjab and HaryanaCRM-M/40464/2022disposed of

Sukhninder Singh Brar v. State Of Punjab And Another

2023-02-22Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-40464-2022 (O&M) Date of Decision:-22.2.2023 Sukhninder Singh Brar ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. G.K. Mann, Senior Advocate with Mr. Umaid S. Mann, Advocate, for the petitioner.

Mr. Luvinder Sofat, DAG, Punjab.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks quashing of FIR No.14, dated 17.9.2021 registered at Police Station Vigilance Bureau Bathinda, District Bathinda, under Sections 13(1) A, 13(2) of Prevention of Corruption Act, 1988 as amended by PC (Amendment Act), 2018 and Section 409 of Indian Penal Code. 2.

Learned counsel for the petitioner submits that the allegations pertain to embezzlement of panchayat funds allegedly embezzled during the period 2014-2017, whereas the petitioner had remained posted as Panchayat Secretary for a very brief period during the said period of 2014-2017. It has been submitted that as a matter of fact the petitioner was posted out in May 2014 and was posted back in October 2016. Learned counsel has submitted PANKAJ KAKKAR 2023.02.22 16:43 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-40464-2022 (O&M) that the amount in respect of the auctions, which had taken place when the petitioner remained posted as Panchayat Secretary, had been duly deposited in the account of Panchayat. Learned counsel, in this regard, has referred to the bank account statement of Panchayat annexed as Annexures P-2 and P-3. 3.

This Court has considered the aforesaid submissions. 4.

Since it has also been informed that challan already stands presented and the matter is now fixed before the Trial Court to consider the framing of charges, the instant petition is disposed of with liberty to the petitioner to raise all the pleas as have been raised herein before the Trial Court at appropriate stage including the pleas which have been notice above. 5.

The Trial Court is directed to pass a speaking order while considering the question as regards framing of charges.

22.2.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2023.02.22 16:43 I attest to the accuracy and authenticity of this document