GURDAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No.28 dated 07.05.2011 under Sections 342, 343, 344 and 420 of the Indian Penal Code, 1860 (in short IPC), registered at Police Station Kambo, District Amritsar Rural and all the subsequent proceedings arising therefrom.

(2.) LEARNED counsel for the petitioners has submitted that the FIR in question has been registered on the basis of secret information that the petitioners were running unauthorized de- addiction center in the name and style of Navjeevan Drug Counselling and Rehabilitation Center. Petitioners were charging Rs.8,000/- per month from each patient and in case, a raid was conducted, then 40/50 persons who had been forcibly detained, could be freed. By leveling similar allegations, FIR No.111 dated 25.02.2008 under Sections 420, 342, 343, 344 IPC was registered at Police Station Sadar, Amritsar. The said FIR was quashed by this Court in CWP No.6659 of 2008 (Annexure P-6). The said order was upheld by the Apex Court vide order dated 09.11.2009 (Annexure P- 7). Second FIR levelling similar allegations had been registered against the petitioners merely with a view to harass them.

(3.) FIR No.111 dated 25.02.2008 under Sections 420, 342, 343, 344 IPC was registered at Police Station Sadar, Amritsar against Kiran Foundation on the basis of secret information that petitioner No.1 and others had opened a drug de-addiction Center in the name and style of Navjeevan Drug Counselling and Rehabilitation Center and were misguiding innocent persons by charging Rs.6,000/- to 8,000/- from them. Competent MBBS Doctor was not available in the institute and 60/70 boys had been admitted in the Center without any authorization. This Court while allowing the petition has observed as under:-