PREM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PREM Singh petitioner has filed this petition praying that the proceedings under Section 182 Indian Penal Code, which have been drawn up in pursuance of the order (Copy annexure A) passed under Section 340 of the Code of Criminal Procedure, 1973 (for short, the Code) and the charge-sheet (Copy annexure B)framed by the Judicial Magistrate, Kharar, should be quashed.

(2.) THE impugned charge (copy annexure B) framed by the Judicial Magistrate Ist Class, Kharar, is in the following terms :-

(3.) THE Judicial Magistrate after going into the evidence found a prima facie case against the petitioner and others under Sections 182 and 182/109, Indian Penal Code and accordingly ordered that a complaint be filed against them before the Chief Judicial Magistrate, RupNagar. In pursuance of the aforesaid order, a complaint was filed an Prem Singh and others were charged for the offence under Sections 182 and 182/109, Indian Penal Code, by Shri T.R. Bansal, Judicial Magistrate Ist Class, Kharar. By means of the present petition, the aforesaid order and the charge-sheet are sought to be quashed by invoking the provisions of Section 482 of the Code.