MUKAND SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) This petition has been filed for quashing of complaint petition No. 269-T/1.8.05/9.05 pending in the court of Additional Chief Judicial Magistrate, Fatehgarh Sahib as well as the order dated 30.10.2006 summoning the accused-Petitioner in the said case.

(2.) A reading of the complaint petition annexed as Annexure P-1 with the petition would go to show that in the complaint petition filed it was stated that the Petitioner-accused had filed complaint dated 10.9.2003 before the Director, Vigilance Punjab Chandigarh by levelling false and concocted allegations against the Respondent-complainant. In the course of inquiry that was held, the house of the complainant was raided/searched several times by the investigating agency. However, at the conclusion of the investigation the complaint of the accused-Petitioner was found to be false and accordingly it was suggested that a case be registered against the accused-Petitioner under Section 182 I.P.C. According to the complainant the above illegal acts on the part of the Petitioner had lowered his position in the society and on account of the raids conducted at his residence by the police the complainant is being shunned by other members of the society. Consequently, on the facts stated, commission of an offence under Section 499 I.P.C. was alleged. On the basis of the aforesaid complaint, the learned trial court after initial examination of the complainant and his witnesses vide order 30.10.2006 had issued summons to the accused-Petitioner to be present in court to face trial. Aggrieved, this application has been filed.

(3.) While considering an application for quashing of a criminal complaint the crucial test that is to be applied by the court is whether accepting the allegations to be correct the offence as alleged or any other offence is made out. If any offence is made out the same must go for trial. However, if by adopting the said test no offence, prima facie, is made out the proceedings must be quashed on the principle that an accused should not be asked to face a prosecution which is bound to fail.