MUKHTIAR SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of Kalandra bearing Report No. 19 dated 25.04.2009 (Annexure P -1) under Section 182 of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Noormahal, District Jalandhar. Learned counsel for the petitioner has submitted that Kalandra in question has been presented against the petitioner on the ground that statement made by him before the police officials with regard to the cross -version in FIR No. 133 dated 11.08.2007 under Sections 307, 324, 341, 323, 148 and 149 IPC was found to be false. However, cancellation report submitted by the police has not been accepted so far by the Court. In fact, petitioner has filed a private complaint and in the said proceedings, preliminary evidence of the petitioner has been recorded. Hence, the Kalandra in question was liable to be quashed.

(2.) IN support of his arguments, learned counsel for the petitioner has placed reliance on Tarlochan Singh Vs. State of Punjab : 2007 (3) R.C.R. (Crl.) 791 wherein it was held as under: -

(3.) IN the present case, FIR No. 133 dated 11.08.2007 under Sections 307, 324, 341, 323, 148 and 149 IPC was registered against the petitioner at Police Station Noormahal. Statement of the petitioner was recorded with regard to the cross -version in the said FIR. However, cross -version put up by the petitioner was found to be false. Cancellation report was prepared on 14.03.2008. Thereafter, Kalandra in question was presented on 25.04.2009. Admittedly, petitioner has filed a private complaint with regard to his cross -version (Annexure P -7) on 06.09.2008. In the said complaint, petitioner has led his preliminary evidence. Thus, although on investigation, Police had found the cross -version in FIR No. 133 dated 11.08.2007 under Sections 307, 324, 341, 323, 148 and 149 IPC, registered at Police Station Noormahal set up by the petitioner to be false, yet, the petitioner has thereafter, filed a complaint (Annexure P -7) and the said complaint is still pending. In case proceedings under Section 182 IPC are allowed to proceed, then it would amount to pre -judging the complaint filed by the petitioner. In case proceedings under Section 182 IPC are allowed to continue against the petitioner during the pendency of his complaint, it would amount to abuse of process of law. Accordingly, in the facts and circumstances of the present case, this petition is allowed. Kalandra bearing Report No. 19 dated 25.04.2009 (Annexure P -1) under Section 182 IPC, registered at Police Station Noormahal, District Jalandhar and all the subsequent proceedings arising therefrom are quashed.