MANOJ KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) PRESENT one is yet another glaring example of blatant misuse of powers by the police authorities of the respondent -State of Punjab, which forced the petitioner to approach this Court by way of instant petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), for seeking quashing of the impugned FIR No. 343 dated 3.10.2011 registered under Section 406 of the Indian Penal Code ('IPC' for short) at Police Station, Civil Lines, Amritsar.

(2.) HAVING left with no other option, petitioner has approached this Court by way of instant petition under Section 482 Cr.P.C. for quashing of the impugned FIR and consequential proceedings arising therefrom. It is pertinent to note here that petitioner sought and was granted the concession of anticipatory bail by this Court vide order dated 6.1.2011 passed in CRM -M -32273 -2011 (Annexure P -4). In the present case, notice of motion was issued and pursuant thereto, reply by way of affidavit dated 30.6.2012 of Assistant Commissioner of Police (North), Amritsar City was filed. A separate reply by way of affidavit dated 13.11.2013 was filed by the complainant -respondent No. 2.

(3.) On the other hand, learned counsel for the State submits that since the petitioner failed to bring to the notice of the concerned police authorities, the factum of earlier complaints filed by the complainant -respondent No. 2 and the result of enquiries thereof, present FIR was registered. However, so far as the relation between the complainant and the above -said the then Commissioner of Police, Amritsar, as alleged by the petitioner in para 8 of the petition is concerned, learned counsel for the State could not deny the same and rightly so because the specific averments taken by the petitioner in para 8 of the petition in this regard, have gone unrebutted in the corresponding para 8 of the reply filed on behalf of the respondent -State. He prays for dismissal of the petition.