KARNAIL KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) KARNAIL Kaur has filed this petition under Section 482 Cr.P.C. praying for quashing of charge -sheet dated 13.11.2010 as well as order framing charges by the learned Judicial Magistrate Ist Class, Rajpura, whereby the petitioner has been charge -sheeted for the offence under Section 182 IPC and the order dated 7.3.2011 passed by the learned Additional Sessions Judge, Patiala, whereby the revision petition dated 20.12.2010 filed by the petitioner has been dismissed, inter alia, on the ground that cognizance has been taken by the learned trial Court in violation of Section 468 Cr.P.C. The brief facts of the case are that the petitioner had submitted a complaint to Senior Superintendent of Police, Patiala against accused Devinder Pal and other persons wherein it was stated that the accused persons have committed offences under Sections 452, 323, 506 IPC as well as under Sections 3(x) and (xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC & ST Act').

(2.) IN the present case, the Investigating Agency got the matter inquired from DSP, Rajpura. The DSP, Rajpura instead of taking action against the accused persons found the allegations to be false and recommended that action be taken against the present petitioner under Section 182 IPC. The petitioner filed a private complaint for the offences under Sections 452, 323, 506 IPC as well as under Section 3(x) and (xi) of the ST& ST Act. The Court on the basis of preliminary evidence summoned the accused. In pursuance of the inquiry conducted by DSP, Rajpura, Calendra was submitted under Section 182 Cr.P.C. at the instance of Station House Officer. As per provisions of Section 195 Cr.P.C., the SHO was not competent to do so. The learned trial Court passed the order dated 4.10.2008 and did not take cognizance. However, liberty was given to the Investigating Agency to file Calendra through SSP, Patiala.

(3.) I have heard learned counsel for the petitioner and learned Assistant Advocate General, Punjab and have gone through the record minutely and carefully.