DR. RAJIV SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prayer made in this petition filed under Section 482 of the Code of Criminal Procedure (for short "the Code") is for quashing of order passed by learned Magistrate dated February 3, 2005 whereby the case has been remitted back for reinvestigation when the State had submitted report for cancellation of FIR before the learned Magistrate and further for the FIR No.545 dated October 24, 2000 registered under Sections 186, 353, 332, 506, 379 IPC at Police Station Civil Lines, Patiala and all subsequent proceedings arising therefrom.

(2.) THE pleaded facts are that on October 24, 2000 at about 8.00 A.M., the petitioner while going to drop his children to school was stopped at Naka for not wearing seat belt. It is not denied that at that time petitioner was not carrying other papers of vehicle. However, on request made by the petitioner to allow him to drop the children at school as they were getting late, he was permitted with a promise that he will come back and get his papers checked. After dropping the children to school, the petitioner alongwith his wife Dr. Bela Sharma came back on the spot alongwith documents of the vehicle. ASI Swaran Singh, who was incharge at the spot misbehaved with him and used intemperate language on which the petitioner rebuked him. As petitioner is a well reputed Eye Surgeon in the city, he alongwith ASI swaran Singh went to Senior Superintendent of Police, Patiala to settle the matter. However, he was not available. According to the petitioner he was wrongly challaned by ASI Swaran Singh. Further it is submitted that apprehending a complaint against him, ASI Swaran Singh lodged FIR bearing No.545 dated October 24, 2000 under Sections 186, 353,332, 506,379 IPC at Police Station Civil Lines, Patiala against the petitioner for assault and tearing of uniform and also theft of the car owned by the petitioner himself. The case was investigated by Superintendent of Police (HQ), Fatehgarh Sahib, who after conducting enquiry recommended the cancellation of FIR. Copy of the report dated April 23, 2001 was submitted to DIG Range, Patiala, who concurring with the report directed for cancellation of the FIR and taking appropriate action against ASI Swaran Singh.

(3.) I have heard Shri S.S. Narula, learned counsel for the petitioner and Shri K.D.S. Sidhu, learned Deputy Advocate General, Punjab for the respondent and with their assistance perused the paper book.