Rabinder Nath Sharma vs State of H. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 236

SATYEN VAIDYA
Rabinder Nath Sharma – Appellant
Versus
State of H. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Maan Singh, Advocate.
For the Respondents:Mr. H.S. Rawat, Additional Advocate General, Mr. Tara Singh Chauhan, Advocate.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, prayer has been made to quash FIR No. 8 of 2012, dated 18.07.2012, registered at Police Station SV & ACB Mandi under Sections 4, 5 of the Himachal Pradesh Prevention of Specific Corrupt Practices Act along with all consequential criminal proceedings arising therefrom.

2. Brief facts necessary for adjudication of the petition are that petitioner No.3 was awarded the work to provide cement concrete on existing road to Village Hattan R.D. 0.00 meters to 0.350 meters. Costs of work was Rs.2,33,550/-. Award letter was issued on 07.02.2009. Petitioner No.3 completed the work in the year 2010.

3. Villagers of Village Hattan filed compliant No. 6770/2009 against petitioner No.3 alleging inter alia that the work done by petitioner No.3 was sub-standard. An inquiry was conducted and nothing was found against petitioner No.3. The road had been repaired to the satisfaction of the villagers and they had withdrawn the complaint filed by them. Accordingly, the State Vigilance and Anti Corruption Bureau closed the case.

4. On 18.07.2012, yet another complaint came to be filed against petitioner No.3 by some of the villagers of Village Hattan with