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2011 Supreme(P&H) 1695

K.KANNAN
Mohinder Singh – Appellant
Versus
State of Punjab through the Secretary to Government Punjab – Respondent


Advocates:
For the Petitioners:Mr. Gur Rattan Pal Singh, Advocate.
For the Respondent: Mr. Navdeep Sukhna, DAG, Punjab.

JUDGMENT

K. Kannan, J.:- The petitioners seek for compensation of Rs.50,000/- as damages for launching a false, malacious and a mala fide case against the petitioners. The respondents are the Secretary to Government Home Affairs, the Deputy Superintendent of Police, the Sub-Inspector the then SHO of Khuyan Sarwar Police Station and a private individual, which was said to have given a complaint against the petitioners. The grievance is that on the basis of an alleged complaint by the fourth respondent, a case under Prevention of Corruption Act, 1988 had been lodged against the petitioners in two incidents occurring on the same day. According to the petitioners, the complaint was false and the petitioners were put to harassment of having to approach this Court for anticipatory bail. As it turned out, when the investigation was entrusted by Sh. Ajit Singh, Incharge Anti-Fraud Squad he recorded statements of some witnesses but he concluded that no case had been made against the petitioners. The Assistant District Attorney was of the same view and the District Attorney had given his opinion that the case could be sent for cancellation. A cancellation report was sent to the Ilqua Magistra






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