CRM No.M-24159 of 2011(O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-24159 of 2011(O & M) Date of decision : 10.8.2011 Balwinder Singh ........Petitioner Vs. State of Punjab ......Respondent CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.Sudhir Sharma, Advocate, for the petitioner --- AJAI LAMBA, J (Oral) This petition has been filed under Section 482 of the Criminal Procedure Code for quashing of the FIR No.6 dated 6.5.2010 under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 registered at Police Station Vigilance Bureau, Ferozepur, placed on record as Annexure P-1. Learned counsel contends that the petitioner has been arrayed as an accused on account of malice. Three months before the alleged incident, the complainant had come to the office of the petitioner and there was an altercation. Complaint was made. The Investigation Agency, however, has not been fair in considering the stand of the petitioner. If the stand of the petitioner-accused is considered, surely the truth would come out. Having considered the scope of investigation, I am of the opinion that because challan has not been filed, jurisdiction under Section 482 of the Criminal Procedure Code, in the peculiar facts & circumstance of the case, cannot be exercised to quash the FIR and proceedings, particularly because it is a trap case and allegations are under Prevention of Corruption Act. CRM No.M-24159 of 2011(O & M) -2- However, the petitioner as an accused has a right to have the matter investigated fairly. In such circumstances, this petition is disposed of with a direction to the Investigating Officer to consider the stand of the petitioner as has been brought out from this petition and only thereafter, file final report under Section 173 of the Criminal Procedure Code, in case challan has not been filed till date. (AJAI LAMBA) JUDGE 10.8.2011 akm