CHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Charan Singh and others have filed this petition under Section 482 of the Code of criminal Procedure (hereinafter referred to as the 'Code') for quashing the order dated 8-7-1992 passed by the Judicial Magistrate I Class, Tohana and for quashing the F.I.R. No. 263 dated 9-7-1992, registered at Police Station, Tohana under Sections 447/ 448/ 392/ 406/323 and 506 of the Indian Penal Code.

(2.) Briefly stated the facts of the case are that Jaswinder Singh respondent No. 2 filed a criminal complaint against the petitioners on 27-5-1992 on which the Magistrate passed an order that the complaint be sent to the Station House Officer, Police Station, Tohana, for investigation under Section 156(3) of the Code of Criminal Procedure and that the report of the Station House Officer, Tohana, be called for 11-6-1992. The Station House Officer, Tohana conducted an inquiry into the matter and submitted his inquiry report on 2-7-1992. The learned Magistrate, on the basis of report submitted by the Station House Officer, Tohana, passed the impugned order dated 8-7-1992, which reads as under :-

(3.) It has been alleged in the petition by the petitioners that the learned Magistrate had no power to direct the Station House Officer, Police Station, Tohana to register a case against the petitioners and therefore, the impugned order passed by the learned Magistrate is liable to be quashed.