PANJAB SINGH AND OTHERS Vs. DALER SINGH

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter to be referred as 'the Code') seeking quashing of complaint No. 261 dated 12.10.2012, captioned 'Daler Singh v. Panjab Singh and others, under Section 500 read with Section 34 of Indian Penal Code (in short 'IPC) (Annexure P8), pending in the Court of Judicial Magistrate Ist Class, Mukerian, District Hoshiarpur, summoning order dated 23.01.2012 (Annexure P9) and proceedings emanating therefrom.

(2.) The facts, in brief, are that Panjab Singh (respondent herein) filed a private complaint, on the allegations that all the accused in connivance with each other made a complaint to the Director, Rural Development and Panchayats Department, Punjab, Chandigarh against him levelling false and baseless allegations known to the accused to be false on the premise that the complainant is in illegal possession of Panchayat land measuring 8 kanals and thereby, the complainant has violated the election rules and he has no moral right to remain as Member Panchayat. The accused filed a false affidavit in support of the allegations set up in the application. An inquiry was conducted by the Block Development and Panchayat Officer, Talwara and the allegations levelled against the complainant were found to be false. The accused spread rumours in the village that the complainant is the encroacher upon the Panchayat land with an intention to defame the complainant in the eyes of public, friends, relatives and officials of the department.

(3.) Counsel for the petitioners would contend that the petitioners submitted an application to the Director, Rural Development and Panchayats Department, Punjab Chandigarh, for taking action against the complainant as he is in illegal possession of land belonging to the Panchayat as reflected in the jamabandis and khasra girdawaris for the years 2005 onwards. It is further submitted that as the petitioners approached the competent authority for initiating legal action against the complainant, they cannot be tried for commission of offence under Sections 499, 500 and 149 IPC, as they are protected under eighth exceptions appended to Section 499 IPC. In support of his contention, he has relied upon judgment of this Court in Kamlesh Kaur v. Lakhwinder Singh and another, 2009 4 RCR(Cri) 663. Another submission made by counsel is that after submission of inquiry report by the BDPO, the petitioners have already filed an application/appeal against the said inquiry report submitted by the BDPO. It is further argued that as the proceedings in regard to allegations against the complainant that he is in illegal possession of the Panchayat land, are still sub judice before the authorities of the District Development and Panchayats, the complaint filed by the respondent is pre-mature and liable to be quashed for this reason as well.