IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12219 of 2009 (O&M) Date of decision: 5th May, 2009 Baldev Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Navkiran Singh, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the FIR No. 38 dated 18.03.2009 registered at Police Station Mukerian, District Hoshiarpur under Sections 7, 13(2), 88 of the Prevention of Corruption Act, 1988. In the present petition, two arguments have been raised. Firstly, it has been submitted that Inspector Surjit Singh Kandhali, respondent No.3 was inimical to the petitioner, as he wanted himself to be posted as In-charge of Mukerian Police and therefore, had a personal grudge against the petitioner. Whether Surjit Singh Kandhali, respondent No.3 had acted malafide or had a personal grudge against the petitioner, is a question of fact, which can only be determined during conduct of the trial, when the evidence is adduced by the prosecution, by making a searching cross- examination to this effect petitioner may prove this argument or by leading the defence evidence. Criminal Misc. No. M-12219 of 2009 (O&M) Second argument raised in the present petition is that any Inspector of the Police is not authorized and competent to hold investigation, therefore, a raid conducted at the instance of officer, who is not authorized, is void ab-initio. This argument cannot be accepted, as it has been held by the courts from time to time that if any search is conducted by an officer, who is not authorized, the search in itself, will not be vitiated, however, the accused will be at liberty to plead prejudice during the trial. Hence, the present petition is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 5, 2009 rps 2