LAWS(P&H)-2013-1-752

YOGESH KUMAR Vs. STATE OF PUNJAB AND OTHERS

Decided On January 17, 2013
YOGESH KUMAR Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The matrix of the facts and material which needs a necessary mention for the limited purpose of deciding the core controversy involved in the instant petition and emanating from the record is that initially petitioner-complainant Yogesh Kumar (for brevity 'the complainant') filed a complaint (Annexure P-1) against his real brothers Suresh Kumar and Mukesh Kumar, sister Manju, mother Smt. Parkash Wanti and Gurmej Singh, Sarpanch (respondents No.2 to 6). On the application moved by the complainant, the Magistrate referred the matter under Section 156(3) Cr.P.C. and the criminal case was registered against the private respondents-accused vide FIR No.235 dated 14.11.2005, on accusation of having committed the offences punishable under Sections 420, 465, 467, 468, 471 IPC, by the police of Police Station Division No.8, Jalandhar.

(2.) During the course of investigation the police concluded that the allegations contained in the complaint (Annexure P-1) filed by thecomplainant were false and accordingly submitted the cancellation report. On the request of the complainant, the same very matter was again sent to the police by the Magistrate for re-investigation of the case. Even after reinvestigation, the police reiterated that the allegations mentioned in the complaint are false and submitted the cancellation report (Annexure P-2) for second time as well.

(3.) Dissatisfied with the investigation, the complainant filed the protest petition (Annexure P-3). Taking into consideration the material on record, the trial Court treated the protest petition as complaint and directed the complainant to lead preliminary evidence in respect of the allegations leveled in the complaint against the private respondents-accused vide impugned order dated 12.02.2009 (Annexure P-4).