AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing/setting aside the Calendra dated 31.1.2014 (Annexure -P.3) filed under Section 182 IPC in Police Station Mataur, District S.A.S. Nagar (Mohali) along with all subsequent proceedings arising therefrom, which has been illegally presented against petitioner No.1, with respect to alleged falsity of complaint No.473/P/SSP/N.G.R. Dated 26.4.2012, in spite of the fact that on the same facts, petitioner No.1 had already filed a criminal complaint in the Court of learned Judicial Magistrate Ist Class, Mohali and respondent No.3 has already been summoned in that complaint vide summoning order dated 4.7.2013 (Annexure -P.5) and further the aforesaid Calendra is time barred as the date of knowledge of respondent No.2 even as per the alleged story of the prosecution. The present Calendra is beyond the period of limitation i.e. one year and hence, the Calendra and all subsequent proceedings arising therefrom are liable to be quashed.

(2.) NOTICE of motion has been issued in this case. Mr. S.S. Chandumajra, learned Deputy Advocate General, Punjab has put in appearance on behalf of the respondent -State and Mr. Kunal Siag, learned counsel has appeared on behalf of respondent No.3, filed replies and contested this petition.

(3.) IT is not contested that the petitioner No.1 had filed complaint and summoning order has been passed. Therefore, on the same facts, on which a Calendra has been filed, by stating that petitioner No.1 has given false facts, a criminal complaint has been filed before the Magistrate and in that complaint on the same facts, respondent No.3 has been summoned. When the Court after considering the preliminary evidence found sufficient ground to summon the accused in that complaint, who is respondent No.3 in the present petition, then the Calendra under Section 182 IPC filed on the ground that the complainant filed a false complaint to the Police etc. is nothing but misuse of the process of the law.