RAM GOPAL Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The instant petition has been filed under Section 482 of the Code of Criminal Procedure seeking the quashing of FIR No.115 dated 6.10.2010, under Section 420 of the Indian Penal Code, registered at Police Station City Hoshiarpur.

(2.) After hearing learned counsel for the parties, this Court is of the considered view that there would be no need to go into the merits of the case. This is for the reason that Mr.Akshay Bhan, learned Senior Advocate appearing for the complainant respondent No.2 has raised a preliminary objection as regards maintainability of the present petition by contending that accused-petitioner, namely, Ram Gopal son of Ram Parkash has filed the instant petition through his attorney, namely, Kiran Kapoor daughter of Shri Roshan Lal Kapoor. It has been contended that it is only the accused person against whom a criminal case has been registered or a criminal complaint has been filed, can file a petition under Section 482 of the Code of Criminal Procedure for quashing of such proceedings and no third person can fight a proxy war on his behalf. It has further been argued that the petition through power of attorney could be maintained only if the petitioner was suffering from any disability i.e. he was minor, insane or was suffering from any other disability, which, in law, is recognized as sufficient to permit any other person e.g. next friend, to move the Court on his behalf. Towards pressing such preliminary objection, reliance has been placed upon judgments of the Hon'ble Supreme Court in Janta Dal Janta Dal v. H.S.Chaudhary, 1991 3 JT 497and Simranjit S v. H.S.Chaudhary, 1991 3 JT 497, Simranjit Singh Mann ingh Mann v. Union of India and another, 1993 AIR(SC) 280.

(3.) Reliance has also been placed upon the judgment rendered by a Co-ordinate Bench of this Court in Amit Ahuja v. it Ahuja v. Gian Parkash Bhambri, 2010 3 RCR(Cri) 586.