BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 42 dated 18.2.2012, under Section 353, 186, 420 of the Indian Penal Code ('IPC' for short) read with Section 42 of Prisons Act, 1894 ('Act' for short), registered at Police Station Kotwali Faridkot (Annexure P -1). Learned counsel for the petitioner has submitted that petitioner was undergoing life sentence in FIR No. 120 dated 31.8.1999 under Section 302, 201, 148, 149 IPC, registered at Police Station Bagha Purana and 10 years sentence in FIR No. 108 dated 28.8.1996 under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar Moga. Petitioner was found in possession of a mobile phone. In this regard, Superintendent, Modern Central Reformation House ordered that the petitioner be kept separately from other convicts in a separate barrack under lock for 30 days. The said letter dated 13.2.2012 submitted by the Superintendent was approved by the Sessions Judge. Hence, with regard to same offence FIR in question could not have been registered against the petitioner.

(2.) LEARNED State counsel, on the other hand, has opposed the petition and has submitted that petitioner had misbehaved with the officials and was found in possession of a mobile phone while undergoing his sentence in jail. Hence, the criminal proceedings in question initiated against the petitioner were liable to continue.

(3.) PARA 546 of the Punjab Jail Manual reads as under: -