HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing calendra dated 17.12.2008 filed by SHO, Police Station Sadar, Patiala under Section 182 of the Indian Penal Code bearing complaint No. 18 of 12.03.2009 titled "State vs. Rajinder Singh and others" (Annexure P/1) and summoning order dated 12.03.2009 (Annexure P/2) passed by the learned Addl. Chief Judicial Magistrate, Patiala.

(2.) Brief facts as stated in the petition are that Rajinder Singh son of Sarwan Singh had moved a complaint dated 03.03.2008 (Annexure P/3) before the Senior Superintendent of Police, Patiala against Harjit Singh Sandhu and his wfie Sukhwinder Kaur alleging that the accused persons abused him by caste using derogatory words. Enquiry was conducted on the aforesaid complaint and the complaint was found to be false. The complaint was also got inquired by Inspector/SHO and he also found the complaint to be false and prepared a calendra under Section 182 IPC against the petitioner and others. After obtaining sanction for prosecuting the accused persons under Section 182 IPC, the S.H.O., P.S. Sadar, Patiala filed a Calendra under Section 182 IPC against the petitioner and others in Court. Thereafter, learned Trial Court summoned the petitioner and others vide order dated 12.03.2009 (Annexure P/2). Hence, this petition.

(3.) Notice of motion was issued. In response to this, State has filed reply and denied the averments made in the petition. I have heard learned counsel for the parties and perused the record.