VIKRAM SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the Calandra No. 391-1 of 2010 dated 15.10.2010 (Annexure P2) and summoning order dated 15.10.2010 (Annexure P3) and all the subsequent proceedings arising therefrom Learned counsel for the petitioner has submitted that the complaint in question had been filed by the petitioner before the Inspector General of Police Hisar Range, Hisar. The proceedings had,however, been initiated at the instance of Station House Officer. Hence, the proceedings initiated against the petitioner under Section 182 of the Indian Penal Code (' IPC ' for short) were liable to be quashed as the same had not been initiated by the competent person. In support of his arguments, learned has placed reliance on Dr.Sham Lal Thukral vs. State of Punjab, 2009 3 RCR(Cri) 168 wherein it has been held as under:-

(2.) Thus, in the present case, proceedings against the petitioner were not maintainable as the same had been initiated by Station House Officer, Police Station Sadar, Bhiwani although complaint (Annexure P4) had been moved by the petitioner to Inspector General of Police, Hisar Range, Hisar.

(3.) Accordingly, this petition is allowed. Calandra No. 391-1 of 2010 dated 15.10.2010 (Annexure P2) and all subsequent proceedings arising therefrom including summoning order dated 15.10.2010 (Annexure P3) are quashed.