Full Judgment Text
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PETITIONER:
STATE OF PUNJAB
Vs.
RESPONDENT:
MANINDER SINGH
DATE OF JUDGMENT: 19/08/1996
BENCH:
K. RAMASWAMY, G.B.PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
It is astonishing and we are aghast to find that the
State Government legitimised corruption and decided to
shield the officers who have committed misappropriation of
public funds to the tune of Rs.1.61 crores as culled out
during investigation. It is obvious from the record that the
Government wants to hide the persons and shield the officers
responsible for committing misappropriation. This petition
was filed against the order of the High Court quashing the
F.I.R. filed against the respondent. The High Court based
its conclusion on a noting made by an officer that no action
was needed. The order of the High Court is contrary to the
fundamental principles of criminal law and the settled legal
position. When notice was issued, the action of the State
Government compounded the flagrant miscarriage of justice.
But when we have pointed out to the counsel for the
petitioner as to whether the charge-sheet has been filed and
directed them to produce the charge-sheet and statement
under Section 161, Cr.P.C. from November 30, 1995 despite
adjournment of the case time and again to produce charge-
sheet filed in the trial Court, they failed to produce the
same. So sensing some foul play somewhere, by order dated
April 4, 1996, this court directed the Chief Secretary to
have an enquiry conducted in this behalf and to submit a
report. In response thereto, pat came on the back to the
accused and from the record it would be clear that the
charge-sheet, though was prepared by the officer, after
thorough investigation, the same did not breath life since
the Government did take a decision not to proceed with the
matter. Therefore, the decks have been cleared in the case
for the corrupt officers, who had swindled the public money
and misappropriated it, to escape from clutches of law.
Counsel for the State states before us that he does not want
to proceed with the matter as per the instructions of the
Government.
The petition is accordingly dismissed. However, we
record our deep anguish and strong disapproval of the
conduct of the Government in shielding corrupt officers who
committed misappropriation of public funds from being
prosecuted and punished according to law.
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