ASI BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing report under Section 173 of the Code of Criminal Procedure in a case bearing FIR No. 127, dated 18.8.1989, registered in Police Station Lehragaga under Sections 343, 342, 166, 193 and 120-B of the Indian Penal Code and the order dated 25.4.1992 passed by the Judicial Magistrate Ist Class, Sunam.

(2.) PETITIONERS No. 1 and 2 were posted as Investigating Officer and Station House Officers respectively in Police Station Lehragaga, district Sangrur, in June, 1989. One Lachhman Singh, resident of Khanal Kalan, lodged a report with petitioner No. 1 Balbir Singh Assistant Sub Inspector, on 16.6.1989. It was alleged in this first information report that his (complainant) VIP Attache case has been stolen by accused Joginder Singh and Alamjit Singh accused on the night intervening 15/16.6.1989. Petitioner No. 2 being Station House Officer of the Polic Station received intimation and got first information report No. 92 dateed 16.6.1989 registered under Section 380 of the Indian Penal Code. Joginder Singh accused was arrested in that case on 19.6.1989. The latter also implicated Alamjit Singh, who had allegedly shared the booty with him. It is alleged that petitioner No. 2 had no concern what-so-ever with the investigation of the theft case against Joginder Singh and Alamjit Singh. The respondents' allegation, on the other hand, is that Sub Inspector Kamal Ram, petitioner No. 2, had personal enmity with Alamjit Singh accused and in order to harass him, he implicated him in the theft case falsely by using his (Sub Inspector Kamal Ram, petitioner No. 2) official position as a Police Officer and got him Alamjit Singh) arrested through Assistant Sub Inspector Balbir Singh, petitioner No. 1, and tortured him by keeping him in the police lock up. A representation was made to the higher authorities by representatives of the public alleging that the petitioners had maltreated Joginder Singh and Alamjit Singh and as a result of the enquiry held against the petitioners by the Senior Police Officers, first information report No. 127, dated 18.8.1989, was registered in Police Station, Lehragaga under Sections 323, 342, 166, 193 and 120-B of the Indian Penal Code and as a consequence thereof final report under Section 173 of the Code of Criminal Procedure was filed against the petitioners in the Court.

(3.) IN the reply filed the respondents, it has been pleaded that the provisions of rule 16.38 of the Punjab Police Rules, Volume II, are not attracted in this case, that valid sanction under Section 197 of the Code of Criminal Procedure was accorded by respondent No. 2, who was the appointing authority of the petitioners, before launching prosecution against the letters and that there is no ground what-so-ever to urge that the prosecution against the petitioners constitutes an abuse of the process of the Court.