MAJOR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this petition, filed under Section 482, Cr. P.C., is to the summoning order dated 20.05.2010 (Annexure P9), passed by learned Judicial Magistrate 1st Class, Panchkula, and further prayer is for quashing of the complaint (Kalandra), Annexure P7, filed by State of Haryana through Station House Officer, Police Station, Sector 14, Panchkula, (respondent No. 3). Learned counsel for the petitioner has raised the following contentions: -

(2.) LEARNED counsel for the State assisted by learned counsel for respondents No. 4 and 5 submitted that complaint, Annexure P5, was presented before the Inspector Aman Kumar, the Station House Officer of Police Station, Sector 14, Panchkula, (respondent No. 3) in addition to a copy addressed to Superintendent of Police, Panchkula (respondent No. 2), therefore, Inspector Aman Kumar (respondent No. 3) was competent to file the complaint (Kalandra) Annexure P7. To elaborate their submissions, it was contended that if a complaint is addressed to various authorities simultaneously in that eventuality every such officer is competent to file the complaint (Kalandra) before the Court of competent jurisdiction after finding the contents of the complaint to be false. It was also submitted that from the averments in the complaint, (Kalandra) Annexure P7, and the accompanying documents, it is very much clear that the petitioner presented the false complaint, Annexure P5, before the competent authorities and, as such, no good ground is made out to quash the complaint (Kalandra) Annexure P7, and the summoning order Annexure P9. They further submitted that in para No. 4(vi) of his petition, the petitioner Major Singh has mentioned as under: -

(3.) SO far as filing of the complaint, Annexure P5, before respondent No. 3 is concerned, it is the averment in para No. 4(vi) of the petition itself that the same was presented not only before the Superintendent of Police, Panchkula, but before respondent No. 3, Inspector Aman Kumar, the Station House Officer of Police Station, Sector 14, Panchkula, also and, as such, it is held that respondent No. 3, the Station House Officer, was competent to file the complaint (Kalandra) Annexure P7.