NEERAJ JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of the Cr.P.C for quashing of Calendra u/s 182/211 IPC titled as "State through Beant Juneja SI/SHO PS Sarabha Nagar, Ludhiana v. Neeraj Jain" dated 20.11.2009 pending in the Court of Additional Chief Judicial Magistrate, Ludhiana and all other subsequent proceedings arising therefrom.

(2.) Brief facts of the case are that the petitioner had submitted an application dated 07.03.2007 to Senior Superintendent of Police, Ludhiana, on the basis of which an FIR No.135 dated 28.07.2007 under Sections 447, 448, 511, 420, 427, 467, 468, 471, 379 and 120-B IPC was registered at Police Station Sarabha Nagar, Ludhiana against Narinder Kapoor s/o Jagdish Rai Kapoor and Ashok Jindal s/o Jagan Nath Jindal. The same is placed on record as Annexure P-1. The said FIR was registered after conducting an enquiry by Superintendent of Police City-I. Thereafter, the police conducted an investigation and in pursuant thereto a cancellation report dated 30.04.2008 was prepared by the police on the basis of the fact that the dispute between the parties is of civil nature and does not require any interference by police. The said cancellation report, which was based on the fact that the dispute between the parties is of civil nature, was presented in Court and was accepted by the Court of Chief Judicial Magistrate, Ludhiana vide Order dated 29.10.2008. After the cancellation of the FIR No.135 dated 29.10.2008 vide Order dated 29.10.2008, the SHO of Police Station Sarabha Nagar, Ludhiana prepared the present Calendra under Section 181/211 IPC.

(3.) While praying for quashing of Calendra u/s 182/211 IPC, learned counsel for the petitioner submitted that the impugned Calendra was liable to be quashed as the cancellation report was accepted only on the ground that the allegation in the FIR is of Civil nature and does not require police intervention. As such, it cannot be said that the allegations were false.