RAJINDER SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Crimial P.C. for quashing FIR No. 70 dated 23.12.1995 registered at Police Station, Bhadson, District Patiala under Sections 447/452/427/379/506/148/149 Penal Code and proceedings taken thereon.

(2.) Briefly the facts of the case are that there is a civil dispute between gram panchayat and complainant Surjan Singh. The complainant raised a wall on the land of gram panchayat. On 23.12.1995, the complainant reported to the police that a wall had been demolished forcibly and the petitioners were responsible for the same. The FIR was registered on the complaint filed by the complainant. Police made investigation into the case and after thorough investigation submitted the report under Sec. 173 Crimial P.C. and recommended that there was no evidence against the petitioners. In the investigation it was stated that the petitioners had not demolished the wall belonging to the complainant. The petitioners have been involved as they were the members of the gram panchayat. However, the cancellation report submitted by the police was not accepted by the learned Judicial Magistrate 1st Class, Nabha, who vide his order dated 11.8.1997 ordered that the case will be fixed for recording evidence of complainant. Learned Magistrate further ordered that FIR could be treated as a complaint. Order dated 11.8.1997 reads as under:-

(3.) Mr. H.S.Dhandi, learned counsel for the petitioners has argued that once the cancellation report submitted under Sec. 173 Crimial P.C. was not accepted by the Judicial Magistrate Ist Class, he could have directed the complainant to file a complaint before the competent Court but could not convert the FIR into the complaint. He further argued that as the FIR could not be converted into the complaint, therefore, no evidence can be recorded. As envisaged under the Crimial P.C. The procedure of filing of separate complaint and recording evidence should have been followed.