SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SADHU Singh petitioner, in the present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), is seeking the quashing of the Calendera filed by the police under Section 182 of the Indian Penal Code (hereinafter referred to as 'IPC') (Annexure P-7) on the ground that filing of the cancellation report, by the police, of an FIR lodged by the petitioner, does not mean that the petitioner had lodged the false report.

(2.) IN the present case, petitioner lodged an FIR No. 38 dated 1.6.1997 under Sections 452, 323, 148, 149 IPC against certain persons. After investigation in the said FIR, on 22.8.1997, the police filed cancellation report. On filing the said report, the police filed Calendera (Annexure P-7) against the petitioner under Section 182 IPC for lodging false report. Thereupon, the petitioner filed an application under Section 190(1) of the Code on 27.3.1999 for taking cognizance against the accused for the alleged offence and submitted that the cancellation report submitted by the police is wrong as no proper investigation was conducted by them. The said application of the petitioner was allowed by learned Judicial Magistrate Ist Class, Ludhiana vide his order dated 16.5.2001 while holding that there are sufficient grounds to summon all the accused and the cancellation report submitted by the police is not valid. The operative part of the said order is re-produced as under :

(3.) IN view of the position, explained above, the Calendera (Annexure P-7) filed by the police under Section 182 IPC has to be quashed because it cannot be said that the petitioner has lodged false FIR.