LAWS(P&H)-1992-1-152

SARDARI LAL Vs. STATE OF PUNJAB

Decided On January 31, 1992
SARDARI LAL Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS is a petition under section 482 of the Criminal Procedure Code for quashing complaint dated 12.10.1987, copy Annexure P.1, and notice/charge dated 6.1.1988, copy Annexure P-2, and the proceedings initiated on the basis of the complaint, copy Annexure P.1, in the case titled "State v. Sardari Lal" pending in the Court of Shri. S.S. Arora, Chief Judicial Magistrate, Amritsar.

(2.) THE facts of the case are that respondent No. 2 filed a complaint on behalf of respondent No. 1, copy Annexure P-1, under section 182 of the Indian Penal Code (hereinafter referred to as 'the Code') against the petitioner. The Chief Judicial Magistrate, Amaritsar, framed charge-sheet against the petitioners and issued notice to him copy of which is Annexure P-2. The petitioner has alleged that the complaint copy Annexure P-1, and charge, copy Annexure P-2, and the entire proceedings of the case initiated on the basis of the said complaint are liable to be quashed on the grounds, inter- alia, that respondent No. 2 is not competent to file the complaint against the petitioner and that the complaint is barred under section 195 of the Cr. Procedure Code and, therefore, the trial Court could not take cognizance of the offence.

(3.) IN the reply filed by respondent No. 2, it has been stated that the complaint filed, under section 182 of the Code by him against the petitioner discloses a cause of action and the (respondent No. 2) is competent to file the complaint and further that the trial Court is also competent to take cognizance of the offence.