CHETAN LAMBA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) FIR under Section 294 and 506 IPC has been registered against the petitioner on 27.10.2011. After investigation, challan is presented. This FIR has been registered on the complaint filed by respondent No. 2. A perusal of the complaint shows that between 9:15 PM to 12:00 PM on 26.10.2009 Narinder Mohan Lamba son of Ganga Ram, resident of 25-GF HIG Flats, M.L. Dhingra Complex Mall Mandi, Amritsar and Chetan Lamba son of Narinder Mohan Lamba, resident of the same place alongwith Sanjay Arora son of Des Raj, resident of Gali No.1, Hukam Singh Road, Amritsar and some other unidentified persons extended threats to the life of the complainant from their mobile phone Nos.9501362626, 9592187985, 9592656506 and 9988012929. In addition, such threats were advanced though land line telephone No. 0183-2271620. It is alleged that these persons had called bad names to the family of the complainant and extended threats to kill his son. The threat advanced as alleged is that the family members of the petitioner living in the village would also be eliminated. With these allegations, the present complaint was filed with a prayer to secure the life of complainant and to take necessary and legal proceedings against the petitioner.

(2.) The petitioner has approached for quashing of this FIR on the ground that perusal of the same would show that no offence under Section 294 IPC is made out and otherwise also allegations of threat as advanced and the manner in which it was allegedly advanced is so absurd to accept as viable if everything is accepted at face value.

(3.) Notice of motion was issued. Reply is filed. It is pointed out that on the basis of this complaint the accused/petitioner was arrested and were released on bail. The challan has been presented and now the case is pending before the Chief Judicial Magistrate. Plea accordingly, is that petitioners can raise all these please at the time of framing of charge. Otherwise the respondents have denied the averments made in the various paras of the petition.