CRR No.494 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.494 of 1999 Date of decision : 10.11.2010 State of Punjab ...Petitioner Versus Mohinder Singh …Respondent CORAM : HON’BLE MR. JUSTICE JITENDRA CHAUHAN **** Present : Mr. Mehardeep Singh, DAG, Punjab, for the petitioner-State. None for the respondent. **** JITENDRA CHAUHAN, J. (ORAL) 1. The present revision petition has been directed by the State against the judgment/order dated 13.01.1999 (hereinafter as ‘impugned judgment), delivered by the learned Special Judge, Ferozepur, (hereinafter as ‘trial Court’), whereby the accused-respondent has been discharged from the case and the prosecution proceedings against him in FIR No.147 dated 25.07.1991 under Section 17(c) of the Prevention CRR No.494 of 1999 -2- of Corruption Act, 1988, registered at Police Station, Bharmkot, were ordered to be dropped. 2. Vide judgment dated 13.01.1999, the petitioner was discharged by the learned trial Court in view of the judgment passed in Harnek Singh Vs. State of Punjab reported as 1998(4) RCR (Criminal) 753. 3. Learned counsel for the petitioner-State has brought to the notice of this Court that Harnek Singh is not a good law as on today because the same stands overruled by Hon’ble the Supreme Court vide judgment dated 15.2.2002 delivered in Criminal Appeal No.801 of 1999 titled as State of Punjab Vs. Harnek Singh and other connected appeals, with a direction to the trial Courts to proceed with the matter in accordance with law and after framing the charges, decide the cases on their merits. 4. In view of the above factual aspect of the matter, the present revision petition is remanded back to the learned trial Court for adjudication, in the light of the observations made by Hon’ble the Apex Court in Harnek Singh’s case (supra). 5. The revision petition stands disposed of, accordingly. 10.11.2010 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to reporter : Yes/No