AVTAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for quashing of Calendra dated 08.11.2005 (Annexure P-6) under Section 182 of the Indian Penal Code; notice of accusation dated 14.12.2006 (Annexure P-7); and the order dated 20.08.2007 (Annexure P-8) passed by learned Additional Sessions Judge, Fast Track Court, Ludhiana, whereby the criminal revision filed by the petitioner challenging the issuance of notice of accusation was dismissed.

(2.) Brief facts of the case are that Avtar Singh petitioner lodged FIR No. 54 dated 23.04.2003, under Section 325 read with Section 34, IPC against Amanjot Singh and his mother, Chhinder Kaur, respondents No. 2 and 3, respectively. During the investigation, the Superintendent of Police, Khanna, found that the allegations levelled by the petitioner against respondents No. 2 and 3 were false. After seeking opinion from the District Attorney (Legal), the Investigating Agency filed the cancellation report in terms of Section 173 of the Code of Criminal Procedure, 1973 before learned Area Magistrate on 17.05.2003. In the meantime, petitioner Avtar Singh and respondents No. 2 and 3 had effected a compromise. The petitioner appeared before the learned Area Magistrate and made the statement that he had no objection if the said cancellation report was accepted.

(3.) Consequently, the learned Area Magistrate vide his order dated 02.06.2005 accepted the cancellation report.