CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is Former Chief Minister for the State of Punjab, aggrieved by the registration of FIR captioned above, has come up before this court under Sec. 482 CrPC for its quashing and further proceedings.

(2.) The above captioned FIR was registered against the petitioner, who at that time was Chief Minister for the State of Punjab, and Shubhdeep Singh @ Sidhu Moosewala (Since expired). On 18/2/2022, District Election Officer-cum-Deputy Commissioner, Mansa, had sent a complaint to the Senior Superintendent of Police, Mansa, informing that Chief Minister Shri Charanjit Singh @ Channi along with Shubhdeep Singh @ Sidhu Moosewala (since expired), is on election campaign asking for votes from door to door, after the expiry of campaigning time i.e. 6 pm. Based on the above information, the concerned SHO registered the captioned FIR against the petitioner Charanjit Singh and Sidhu Moosewala.

(3.) Facts of the case are that during the assembly elections of 2022, when the Model Code of Conduct had come into force in the State of Punjab, Dr. Vijay Singla, who was contesting as MLA from Aam Aadmi Party from Mansa Constituency, gave a written complaint to the office of Chandresh Kumar Yadav, Election Observer Mansa Constitutency-96. He alleged that the petitioner-Charanjit Singh @ Channi and Shubhdeep Singh @ Sidhu Moosewala held an election rally at Mansa near Triveni Mandir and further he also held door to door campaigning in Mansa, after stipulated hours which continued after 6 pm. It is also alleged that Shubhdeep Singh @ Sidhu Moosewala, was the candidate of the Congress Party in Mansa Constituency andwas also with the petitioner. The District Election Officer forwarded this information to Deputy Commissioner Mansa, who made a complaint to Senior Superintendent of Police, Mansa and consequently, the above captioned FIR was registered against petitioner Charanjit Singh @ Channi and Shubhdeep Singh @ Sidhu Moosewala for the commission of an offence under Sec. 188 IPC becasue Deputy Commissioner Mansa had invoked Sec. 144 CrPC vide order dtd. 14/2/2022 and the same was in operation at the relevant time.