JASWINDER KAUR Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) The crux of the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, initially, petitioner-complainant Jaswinder Kaur wife of Hartar Singh (for brevity "the complainant" ) has filed a complaint dated 31.12.2003 (Annexure P1) to the Superintendent of Police, Kapurthala for registration of a criminal case u/ss 379 & 411 IPC and Arms Act against Sukhjeet Singh son of Massa Singh and his wife Jagpal Kaur. During the course of investigation, the allegations contained in the complaint (Annexure P1) were stated to have been found to be false by ASI Jasbir Singh of Police Station City Kapurthala, vide report dated 6.1.2004 (Annexure P2).

(2.) Not only that, subsequently, after the expiry of more than 71/2 years, the SHO of the Police Station prepared and submitted the impugned Calendar (Annexure P3) against the petitioner-complainant u/s 182 IPC, in which, she was summoned as an accused to face the trial of indicated offence by the CJM, by virtue of very brief impugned summoning order dated 12.8.2011 (Annexure P4).

(3.) Aggrieved thereby, the petitioner has preferred the present petition to quash the impugned Calendar (Annexure P3) and summoning order (Annexure P4), invoking the provisions of Section 482 Cr.PC, inter-alia on the ground that no Court can take cognizance of the indicated offence, in view of bar contained u/s 195 Cr.PC at this belated stage after the expiry of more than 71/2 years.