JAGSIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the petition under Sec. 482 Cr.PC is for quashing of FIR No.16 dtd. 20/1/2017 (Annexure P-1) under Sec. 171-B IPC registered at Police Station Dayalpura, District Bathinda and all consequential proceedings arising out of the said FIR.

(2.) The brief facts of the case are that the Returning Officer 90- Rampura Phul Vidhan Sabha Election Constituency intimated vide his letter no.38/Elections dtd. 20/1/2017 to DSP Phul that the petitioner had violated the model code of conduct which was in force in view of the Punjab Legislative Assembly elections by distribution of Pullovers to voters at the AAP rally on 19/1/2017 at village Burj Thror, Tehsil Rampura Phul. It was informed through the said letter that on the basis of information received in his office a flying squad was sent to the village to enquire about the distribution of pullovers to the villagers. In the inquiry it was found to be correct. The Returning Officer reported that as per the report of flying squad team the petitioner Jagsir Singh @ Raja Manila NRI had distributed'T' Shirts to 5-7 persons upon which'From Raja Manila' was scribed. The Returning Officer specifically ordered the registration of an FIR under Sec. 171-B IPC against the petitioner. On the basis of this order, the FIR in question came to be registered which is attached as Annexure P-1.

(3.) The petitioner filed the instant petition for quashing of the FIR pleading that the offence under Sec. 171-B IPC was punishable under Sec. 171-E IPC and was non cognizable. Therefore, the police was not empowered to register a criminal case since the offence was itself non cognizable. Reference was made to Sec. 171-B IPC and Sec. 171-E IPC in the petition.