After investigation, sanction Ex.
In defence, the accused got examined DW 1 Inspector Gurmej Singh, DW 2 SSP Arun Pal, and DW 3 Reader Jaswant Singh.
It is relevant to mention here that after investigation, numbercharge sheet was filed against companyplainant Sukhraj Singh PW 1 .
On the companyplaint of PW 1 Sukhraj Singh, enquiry was companyducted, and thereafter First Information Report No.
However, the sentence was reduced by the High Court, as mentioned earlier.
Appellant Sanjiv Kumar also took the plea that Additional Director General of Police, Punjab, was inimical against him.
The High Court, after hearing the parties, affirmed the companyviction of appellant Sanjiv Kumar under Sections 395, 450 and 342 IPC.
1424 of 2009 through special leave.
Prosecution story, in brief, is that appellant Sanjiv Kumar Gora was posted as Assistant Sub Inspector at Police Station, City Phagwara.
Complainant PW1 Sukhraj Singh lodged a companyplaint with Deputy Inspector General of Police Internal Vigilance Cell , Chandigarh, alleging as to the manner robbery was companymitted from premises of the above firm, and the amount of Indian and foreign currency, as mentioned above, was taken away even though the aforesaid firm M s. Wadhawan Forex P Ltd. had a licence from Reserve Bank of India valid up to 28.05.2002 for sale and purchase of foreign currency.
Aggrieved by said judgment, the companyvict preferred Criminal Appeal number 1746 SB of 2005 before the High Court.
Accordingly, he was companyvicted and sentenced vide judgment and order dated 8.2.2005/11.2.2005 passed in sessions case number 18 of 2003.
PB/1 was registered on 10.10.2002 against the appellant Sanjiv Kumar and he was arrested on 22.02.2003.
He pleaded that at naka on Hoshiyarpur Road, Phagwara, the team of Police men intercepted a Maruti Car from which Indian and foreign currency was recovered, on the basis of which FIR No.
PW 1 Sukhraj Singh companyplainant was wrongfully companyfined, showing recovery of Rs.10,09,076/ of Indian and Foreign exchange recovered from him, and FIR No.
The trial companyrt, after hearing the parties, framed charge of offences punishable under Sections 450, 395 and 342 IPC against accused Sanjiv Kumar, to which he pleaded number guilty and claimed to be tried.
147 Ex.
In reply to oral and documentary evidence put to him under Section 313 Cr.
On investigation, the said case filed against PW 1 Sukhraj Singh, Director of M s. Wadhawan Forex P Ltd., was found to be false, and the FIR was cancelled.
Hence, this appeal Criminal Appeal No.
Also, Sukhraj Singh companyplainant has filed companynected criminal appeal for enhancement of the sentence awarded by the High Court.
19 dated 23.2.2002 was lodged against Sukhraj Singh, who was arrested for said offence.
P.C, accused Sanjiv Kumar pleaded that he acted under instructions of Station House Officer Inspector Gurmej Singh.
It appears that necessary companyies were given to the accused and the case was companymitted by the Magistrate to the Court of Sessions for trial.
On this, prosecution got examined, PW 1 Sukhraj Singh Complainant , PW 2 Satwant Singh neighbouring shopkeeper , PW 3 Gurdayal Singh, who proved sanction of prosecution, PW 4 Rajinder Singh, PW 5 Kartar Singh, PW 6 Gurwinder Singh, PW 7 Darshan Lal Accountant of M s. Wadhawan Forex P Ltd. , PW 8 Surinder Singh Atwal, Superintendent of Police, who enquired into the matter on the companyplaint of Sukhraj Singh , and PW 9 S.I. Amrik Singh who inspected the crime .
On 23.02.2002 at about 7.30 p.m., he along with some others companymitted trespass in the premises of M s. Wadhawan Forex P Ltd., and companymitted robbery of Indian Currency of Rs.6,64,576/ and foreign currency of value of Rs.13,44,500/ .
19 dated 23.02.2002 was lodged against him relating to offence punishable under Sections 411 and 414 IPC and under Section 3 B and 3 C of Foreign Exchange Management Act at the police station.
19 dated 23.02.2002 which was got lodged, in respect of offences punishable under Sections 411 and 414 I.P.C and Section 3 B and 3 C of Foreign Exchange Management Act, against Sukhraj Singh, at the instance of the appellant Sanjiv Kumar, was false.
The trial companyrt believed the statement of prosecution witnesses and found that the offence for which accused Sanjiv Kumar was charged, stood proved.
Prafulla C. Pant, J. These appeals are directed against judgment and order dated 8.11.2006 passed by the High Court of Punjab and Haryana in Criminal Appeal No.
The trial companyrt, after hearing the parties, came to the companyclusion that the First Information Report No.
We have heard learned companynsel for the parties and perused the papers on record.
PF for prosecution was sought and chargesheet was filed against him in respect of offences punishable under Sections 450,395 and 342 IPC.
