The court held that prosecution initiated for policy amendments is an abuse of process, as no cognizable offense was established against the petitioners.

JUDGMENT :

Mr. Mahabir Singh Sindhu, J.

Controversy involved in aforesaid three cases is similar in nature and arises out of the same FIR; hence all the three cases are being disposed off by this common order.

2. For brevity, facts have been noticed from CRM-M-43528-2023.

3. Present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) for seeking quashing of FIR No. 11 dated 16.08.2022, registered under Sections 12 0-B, 409, 420, 407, 468 & 471 of the INDIAN PENAL CODE , 1860 (for short, “IPC”) & Sections 7 , 7-A, 8, 12 & 13(2) of Prevention of Corruption Act, 1988, as amended vide Amendment Act, 2018 (for short “PC Act”) at Police Station, Vigilance Bureau, District Ludhiana and all consequential proceedings arising therefrom, including final report under Section 173(2) Cr.P.C qua the petitioner(s).

4. BRIEF FACTS:

4.1. It transpires that one Gurpreet Singh son of Shri Swaran Singh, resident of House No.218, Street No.4, Durgapuri Vistar, Police Station, Nandnagri, Delhi-110093 (now residing at Guru Teg Bahadur Nagar, District Shaheed Bhagat Singh Nagar, Punjab) submitted written complaint dated 02.03.2022 to Chief Director, Vigilance Bureau, Punjab, which was forwarded to Deputy Superintendent of Police, Vigilance Bureau, Ludhiana, resulting into registration of FIR No. 11 dated 16.08.2022 against petitioner and other co-accused.

4.2. Primarily, allegations in the aforesaid FIR are that petitioner being Minister of Food, Civil Supplies & Consumer Affairs, Government of Punjab made certain amendments while notifying “The Punjab Foodgrains Labour & Cartage Policy 2020-2021” (for short “the Policy for 2020-21”).

It is further alleged that in the Policy for previous year i.e. 2019- 2020, there was no clause with regard to minimum turnover and every person was eligible to take part in the bidding process; however, in the year 2020-21, new sub-clause-G in clause 5 was inserted regarding “minimum turnover” from the cartage work of foodgrains of Govt. agencies in any one financial year out of previous 3 financial years i.e. from 2017-2018 to 2019-2020; hence the fresh participants were debarred being ineligible.

It is also alleged that due to amendment in the Policy for 2020-21, the capacity of cluster was increased and as a result thereof, the competition was decreased. In this manner, it is alleged that contracts were allotted to some ‘favorites’ of the petitioner and bids of other contractors were rejected. Again alleged that huge loss was caused to the public exchequer by the petitioner in connivance with other co-accused while hatching criminal conspiracy, committing forgery, using forged documents as genuine and some of the government official(s) receiving kickbacks in return.

CONTENTIONS

5. ON BEHALF OF THE PETITIONER(S)

5.1. Learned Senior counsel for petitioner in CRM-M-43528-2023 contends that present case has been registered out of political vengeance on behalf of the ruling Government of Aam Aadmi Party in order to suppress the voice of petitioner, who is a former Minister of Food, Civil Supplies & Consumer Affairs of Punjab.

5.2. Also contends that Vigilance Bureau in derogation of mandatory provision of Section 17-A of PC Act, which bars them from conducting any inquiry, enquiry or investigation against any public servant where the actions under challenge are relatable to any recommendation made or decision taken by the said Public servant in discharge of his official functions of duties, without previous sanction, registered aforesaid FIR.

5.3. Further contends that as per the Policy for 2020-21, there was a Tender Allotment Committee for each district in the State of Punjab, headed by District Controller consis