RAJNISH KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The prayer in the present petition is for quashing of the Kalendra (Annexure P1) filed against the petitioner for the offence punishable under Section 182 IPC and consequential proceedings arising therefrom.

(2.) Briefly stated the facts of the prosecution case are that the petitioner Rajnish Kumar son of Raj Kumar, resident of Garhdiwala, District Hoshiarpur presented an application before Superintendent of Revenue & Resettlement Department, Punjab, Chandigarh with the allegations that Ram Balak Dass Chela Mehant Siya Ram, resident of Garhdiwala was trying to usurp his land. Raj Kumar, father of the petitioner, had also presented an application bearing No.1472 dated 22.11.2005 to Senior Superintendent of Police, Hoshiarpur with the similar allegations. The Senior Superintendent of Police, Hoshiarpur marked the said application to Station House Officer, Police Station, Garhdiwala. After inquiry it was concluded by the police that the contents of the application were false. The above matter was taken up in the District Grievances Committee, Presided over by PWD(B&R) Ministr. Punjab on 01.04.2006, in which it was ordered that if the contents of the application were incorrect then action under Section 182 IPC may be initiated in accordance with law. The Senior Superintendent of Police Hoshiarpur, ordered that a complaint for the commission of offence punishable under Section 182 IPC be instituted against the petitioner.

(3.) In compliance of the above, the Station House Officer, Police Station Garhdiwala, through Additional Public Prosecutor, presented the Kalendra before learned Judicial Magistrate Ist Class on 24.01.2008 against the petitioner for the offence punishable under Section 182 IPC.