Why no FIR against complainant who paid ₹1.5cr bribe, HC asks cops

Chandigarh: The case against a Pinjore resident for allegedly taking Rs 1.51 crore in cash as a bribe for getting a person appointed as chairman of Khadi Gram Udyog has taken an about-turn, with the Punjab and Haryana high court asking the Haryana police why no FIR was registered against the complaint for paying such a large amount of gratification in cash.
The HC has also directed the state police to refer the matter to the principal commissioner of income tax to look into the cash transaction because as per the Income Tax Act, no payment in cash beyond Rs 20,000 can be made.
"From the perusal of FIR, it comes out that the allegation of the complainant is that he has paid a sum of Rs. 1.51 crore to the petitioner in cash for getting post of chairman of Khadi Gram Udyog and tender for the RO system. The complainant has paid the sum knowing that he is attempting to get a government post by way of illegal gratification," the HC has observed while referring the matter to police and the income-tax authorities.
The HC has also asked the police not to take any coercive step against the accused, including his arrest, in this case as multiple inquiries have already been conducted. However, the police have been asked to proceed with the investigation.
Justice Jagmohan Bansal of the HC passed these orders on Monday while hearing a plea filed by Chain Singh Gautam, a resident of Pinjore, and an employee serving in treasury department in Haryana. The petitioner’s wife is also one of the accused in this case.
The petitioners had sought directions for quashing FIR No. 0953 dated November 8 for cheating, breach of trust and related charges under Sections 120-B, 406 and 420 of Indian Penal Code, registered at Police Station, Shahbad, in Kurukshetra. The FIR was registered on the complaint of Harbir Singh, a resident of Shahabad in Kurukshetra.
Counsel for the petitioners contended that the complainant in this case had earlier filed a complaint with Mohali police which was closed in 2019. Another one filed at the CM Window which was closed vide report dated February 21, 2020.
The complaint dated December 10, 2019, filed with the chief minister, Haryana was also closed. The counsel further argued that inspite of closure of complaints on three different occasions, the police have registered an FIR against the petitioners.
The counsel also argued that the police neither examined the evidence available, nor the status of earlier complaints including the background of the matter etc. Moreover, the complainant is notorious for making false complaints and is accused of cheating. "It seems to be a method to earn easy money just to avoid liability. That, the ingredients of the offence are not complete. Police failed to acknowledge that giving bribes is also an offence and the complainant has not been charged for alleged bribery," the counsel had submitted further. The matter has now been adjourned for January 11, 2023.