JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY means of this petition under section 482, Code of Criminal Procedure, read with Article 227 of the Constitution, the petitioner seeks to quash the Calender filed before the trial Court under Section 182, Indian Penal Code (Annexure P -2) by the Deputy Superintendent of Police, Sangrur, against him (the Petitioner). The petitioner has made two grievances in the respect. The first submission is that the complaint which was made by the petitioner was addressed to the Senior Superintendent of Police and as such no Calender could have been filed by a Subordinate Officer, i.e., the Deputy Superintendent of Police. The learned counsel relies upon State v. Bala Prasad, AIR 1952 Rajasthan 142, in support of his argument, which fully covers the point under consideration. No authority to the contrary has been cited before me. The second contention of the learned counsel is that at the time when the Calender was presented to the Court, the private complaint filed by the petitioner was already pending in the same Court and in this situation, the provision of section 195 (i)(b) of the Code of Criminal Procedure, were attracted as per which no such complaint could be taken cognizance of except when the complaint was made in writing by the Court concerned or some other Court to which that Court is subordinate. Reliance it this respect is placed upon State of Punjab v. Brj Lal Palta AIR 1969 Supreme Court 355. The law laid down in the said authority is also applicable to the facts of the case. In view of these inherent illegalities the extraordinary powers of this Court have to be invoked to safeguard the interests of the petitioner. The impugned Calender Annexure P.3 and the proceedings based upon the same pending in Court are hereby quashed. Order accordingly.