DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this petition under Section 482 of the Code of Criminal Procedure, 1973, hereinafter referred to as the Code, Devinder Singh Kapur petitioner seeks quashment of the Kalandra Annexure P-7 and further proceedings thereon pending before the Sub-Divisional Judicial Magistrate, Anandpur Sahib for offence under Section 182, Indian Penal Code, inter alia, on the ground that Om Parkash Sub Inspector Incharge of Police Station Anandpur Sahib had no competenancy to file complaint under Section, 195(1) of the Code as the petitioner had sent the application Annexure P. 1 to the Senior Superintendent of Police, Ropar, the contents of which were allegedly found false and thus either the said Senior Superintendent of Police, Ropar or his controlling officer was competent to file a complaint and not S.I. Om Parkash to whom the complaint Annexure P. I against Section 1. Ramesh Chand was simply entrusted by the Deputy Superintendent of Police for enquiry and report.

(2.) THE brief resume of facts relevant for the disposal of this petition is that Devinder Singh Kapur petitioner lodged complaint Annexure P. I with Senior Superintendent of Police, Ropar against Section 1. Ramesh Chand, posted at Police Post Naya Nagai, Kiratpur Sahib, District Ropar, contending that aforesaid Ramesh Chand representing himself to be relation of the landlady of the premises, where the complaint used to reside occasionally brings along handcuffed accused-persons from Punjab and uses the rented premises for torturing those persons. It is further averred that the petitioner along with the occupants of the adjoining houses when objected to the illegal activities of Ramesh Chand, the latter threatened them to involve the petitioner in some- cases pertaining to terrorists activities. It is further averred that the complainant had moved application to the police of police post Sector 22 regarding this incident and that aforesaid SubInspector had again threatened the petitioner on 18-9-1989 at 4 p.m. when he came to the house along with another police man in drunken condition. This complaint was marked by the Senior Superintendent of Police Ropar to the Deputy Superintendent of Police for enquiry who in turn entrusted it to S. I. Om Parkash for enquiry and proper action. S.I. Om Parkash found the allegations in the complaint to be false after recording the statements of some of the alleged residents of the locality near House No. 1567, Sector 22-B, Chandigarh and instituted proceedings under Section 182, Indian Penal Code against Devinder Singh Kapur vide Annexure P-7 in the Court of the Sub-Divisional Judicial Magistrate, Anandpur Sahib.

(3.) I have heard the learned counsel for the parties besides perusing the record.