HARJIT SINGH HASSANPURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By filing the present petition under Section 482 of the Code of Criminal Procedure, the petitioner has sought quashing of FIR No. 88 dated 11.09.2009, registered under Section 500 of Indian Penal Code, at Police Station Dhanaula, District Barnala and charge sheet dated 11.07.2011 and all consequent proceedings arising thereof. Learned counsel for the petitioner submits that the offence under Section 500 of the Indian Penal Code being non cognizable, the registration of the FIR is without jurisdiction and the sanction accorded by the Magistrate for taking cognizance of the offence is also illegal. The petitioner is neither the printer nor the publisher of the posters. The material was printed and published by one Bharpur Singh, who was not arrayed as an accused. The petitioner being a Human Rights Activist was tortured in the police station and implicated in the instant false case.

(2.) On the other hand, the learned State counsel submits that the petitioner is a history sheeter. The petitioner printed, published and pasted scandalous and defamatory posters against Inspector Rajesh Kumar-respondent No. 2, at public places in order to tarnish the reputation of the police in general and Inspector Rajesh Kumar-respondent No. 2 in particular. The residents of village Badbar and Bhaini Mehraj brought to the notice of the police about the pasting of scandalous posters in the area. On 2.7.2009 Sarpanch Sewak Ram of Badbar and Avtar Singh Sarpanch of village Bhaini Mehraj alongwith respectable persons came present in the police station and produced the photograph of the poster, which had been found to be published by Action Committee Sangrur. The allegation leveled in the posters were probed into by a Gazetted Officer of the police and found to be false and frivolous.

(3.) After completing necessary formalities, the permission was sought from the learned Magistrate to investigate the matter, after registration of the FIR, being a cognizable offence. The sanction under Section 155 of the Code of Criminal Procedure was accorded sanction order dated 2.9.2009. Thereupon, the police registered the impugned FIR. The investigation was conducted by a Gazetted Officer. After completion of the investigation, the challan was presented in Court and charge under Section 500 of IPC had been framed against the petitioner. Lastly it is submitted that in case it is found that the police has no power to register FIR, the challan under Section 173 of the Code presented by the police may be treated as complaint filed on behalf of respondent No. 2.