PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C., has been filed by the petitioner-Pawan Kumar, for quashing the order dated October 23, 1999 passed by the Judicial Magistrate First Class, Sangrur. Certain facts may be noticed.

(2.) THE petitioner Pawan Kumar is the complainant. He got registered as FIR No. 255 dated December 23, 1997 under Sections 452/427/429/506 IPC at Police Station Sadar, Sangrur against Joginder Singh and Nachattar Singh. The police investigated the aforesaid FIR. A challan was presented against Joginder Singh and Nachattar Singh. A charge was also framed by the Judicial Magistrate First Class against the aforesaid two persons Joginder Singh and Nachattar Singh.

(3.) THE present petitioner Pawan Kumar filed an application before the Learned Trial Magistrate to discharge him. A plea was taken by him that since the police had submitted the earlier challan against Joginder Singh and Nachattar Singh and the learned trial Magistrate in that proceedings had taken the cognizance and charge had also been framed against the aforesaid accused persons, then a supplementary challan under Section 173(8) Cr.P.C. should not have been presented against the complainant Pawan Kumar on the basis that the FIR lodged by him was false. It was also pleaded by the present petitioner that once the charge had been framed against Joginder Singh and Nachattar Singh, then there was no provision to discharge the aforesaid accused.