SUBHASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been moved by Subhash Chander under Section 482 of Cr.P.C. seeking quashing of Kalendera dated 7.11.2008 (Annexure P1), order dated 6.3.2009 (Annexure P-2) passed by the court of learned Judicial Magistrate, 1st Class, Rewari summoning the petitioner, order dated 4.2.2010 (Annexure P-3) passed by the court of learned Additional Sessions Judge, (Ad hoc), Rewari dismissing the revision petition against the summoning order and subsequent proceedings.

(2.) The brief facts giving rise to this petition are that the petitioner moved an application against Titu @ Jasram s/o Mangtu Ram r/o Village Khaleta regarding destruction of crop, criminal trespass and stealing of poles etc. A Kalendera was filed before the learned trial court against the petitioner alleging that all the applications moved by the petitioner are vague, false and baseless. The Kalende has been filed under the signatures of SHO, PS Khol. The learned trial court has summoned the petitioner, whereagainst, he had preferred a revision, which has been dismissed by the learned Additional Sessions Judge (Ad hoc), Rewari vide his order dated 4.2.2010 (Annexure P-3) holding that the same is not maintainable. That this petition is liable to be accepted for the reasons enshrined in it.

(3.) In the reply filed on behalf of the State, it has been averred that in fact, the petitioner had filed false applications bearing No. 25-4AC dated 3.5.2007, 160-P dated 28.11.2006, 395-2 dated 1.12.2006, 192-R/DSP KSL, 1700-P dated 23.12.2006, 15/R/DSP/Kosli dated 20.1.2007, 32-Z dated 6.12.2007-12 FO dated 8.2.2007, 14-F.O. Dated 14.2.2007 before the various police authorities against Titu @ Jasram. The matter was investigated thoroughly by Ajeet Singh, the then SI/SHO, PS Khol. After going through the investigations and enquiry made on the spot, the complaint filed by the petitioner were found to be totally baseless and false. Similarly the complaints bearing No.625-D dated 19.7.2007 and 634-SC dated 2.10.2007 were investigated by Shri Kishan the then SI/SHO PS Khol and similarly the investigation in complaint No. 18-2 dated 18.1.2008 and 46-FO dated 21.2.2008 was conducted by the said SI and the same were also found to be baseless and false. The complaints bearing No.70 Z dated 24.3.2008 and 129-Z dated 26.5.2008 were verified by Shri Dev Varth SI/SHO, PS Khol and allegations made in the said complaints were found false and baseless. Similarly, complaints Nos. 206-FO and 213-FO dated 2.7.2007 filed by the petitioner were investigated by ASI Jagmal Singh, which were found to be totally false. Thereafter, SI/SHO Lal Chand moved the concluding report of all the baseless complaints filed by the petitioner before the Superintendent of Police, Rewari for obtaining his consent to file the complaint under Section 182 of IPC against the petitioner. As such, Kalendera dated 7.11.2008 was filed by Inspector Raj Singh, the then SHO, PS Khol against the petitioner.