Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1041 OF 2011

(Arising out of SLP (Crl.) No. 3449/2009)

KANWARJIT SINGH KAKKAR

..Appellant

Versus

STATE OF PUNJAB & ANR.

..Respondents

WITH

CRIMINAL APPEAL NO. 1042 OF 2011

(Arising out of SLP (Crl.) No.4010/2009)

DR. RAJINDER SINGH CHAWLA

..Appellant

Versus

STATE OF PUNJAB & ANR.

..Respondents

J U D G M E N T

GYAN SUDHA MISRA, J.

Leave granted.

2.

These appeals by special leave had been filed

against the order dated 2.4.2009 passed by the High Court

of Punjab and Haryana at Chandigarh in two Criminal

Miscellaneous Petitions Nos. M-15695/2007 and 23037-M

of 2007 for quashing FIR No.13 dated 9.4.2003 which was

registered for offences punishable under Section 13(1)(d)

read with Section 13(2) of the Prevention of Corruption Act,

1988 and under Section 168 of the Indian Penal Code, at

Police Station, Vigilance Bureau, Ludhiana but were

dismissed as the learned single Judge declined to quash the

proceedings against the appellants.

3.

Relevant facts of the case under which the two

cases were registered against the appellants disclose that

the appellants are Medical Officers working with the State

Government of Punjab against whom first information

report was registered on the statement of informant/Raman

Kumar alleging that he knew the appellants Dr. Rajinder

Singh Chawla who was posted as Government Doctor at

Dhanasu and Dr. Kanwarjit Singh Kakkar who also was

serving as Government Doctor in Koom Kalan in District

Ludhiana. It was alleged that both the doctors were doing

private practice in the evening at Metro Road, Jamalpur

and charged Rs.100/- in cash per patient as prescription

fee. While Dr. Rajinder Singh Chawla checked the blood

pressure of the patients Dr. Kanwarjit Singh issued

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prescription slips and medicines to the patients after

checking them properly and charged Rs.100/- from each

patient. The complainant Raman Kumar got medicines

from the two doctors regarding his ailment and the doctor

had charged Rs.100/- as professional fee from him. The

informant further stated in his FIR that as per the

government instructions, the government doctors are not

supposed to charge any fee from the patients for checking

them as the same was contrary to the government

instructions. In view of this allegation, a raid was

conducted at the premises of both these doctors and it was

alleged that they could be nabbed doing private practice as

they were trapped receiving Rs.100/- as consultation

charges from the complainant. On the basis of this, the

FIR was registered against the appellants under Section

13(1)(d) read with Section 13(2) of the Prevention of

Corruption Act and under Section 168, IPC which has

registered at Police Station Vigilance Bureau, Ludhiana.

4.

As already stated, the appellants felt aggrieved

with the case registered against them and hence filed two

Criminal Miscellaneous Petitions for quashing FIR No.13

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dated April 9, 2003 before the High Court of Punjab and

Haryana at Chandigarh wherein counsel for the appellants

contended that no offence is made out from the allegations

in the FIR even as it stands. Substantiating the arguments,

it was submitted that neither any medical instrument was

recovered nor any apparatus or blood pressure checking

machine or even thermometer was recovered from the

residence of the appellants. It was explained that the

complainant had come to the house of Dr. Kanwarjit Singh

Kakkar which was under renovation and requested for

treatment. It was added that on humanitarian grounds, the

appellant just scribbled down the prescription on a plain

paper which does not even bear the signature of the

appellant.

5.

It was also