BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition seeks quashing of complaint No. 44 dated 8.10.1999, pending in the Court of Judicial Magistrate Ist Class, Talwandi Sabo, district Bathinda.

(2.) THE objection of the petitioners is that at an earlier occasion, the police had investigated the matter and found the petitioners innocent, and proceedings under Section 182 IPC are pending against respondent No. 2, who is the complainant. It is submitted that while respondent No. 2 is being prosecuted for giving a false information, the petitioner are being prosecuted on the basis of same information, and since issue involved in prosecution of the petitioners on the basis of complaint and prosecution of respondent No. 2 in proceedings under Section 182 IPC is the same, both the cases be heard together.

(3.) COUNSEL for the petitioners further argued that petitioner No. 1 was ASI and charge against him is under Sections 217/218 IPC. It is submitted that no sanction has been obtained and therefore, complaint against the petitioner No. 1 is barred under Section 197 of the Code of Criminal procedure (for short, the Code).