PRITHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has approached this Court for quashing Kalendra under Section 182 IPC titled as 'State Versus Prithpal Singh' and the order dated 23.05.2013, passed by the Magistrate. Petitioner is aggrieved as the Court has taken cognizance of the Kalendra filed by the SHO, Police Station Sultanwind when the complaint had been made to the Commissioner of Police, Amritsar and Deputy Commissioner, Amritsar.

(2.) THE petitioner had given a complaint which was inquired into and the Assistant Commissioner of Police (Crime), Amritsar City gave a inquiry report dated 26.07.2012 finding the allegations to be incorrect. He also recommended initiation of proceedings under Section 182 IPC. On the recommendation of the inquiry officer, Kalendra dated 04.01.2013 was filed against the petitioner by the officer incharge of the Police Station (Annexure P -2).

(3.) THE petitioner has challenged the Kalendra as well as the order passed there on, on the premise that the complaint was addressed to the Commissioner of Police and the competent officer for filing the Kalendra could not have been the SHO of the concerned Police Station and the competent officer was the Commissioner of Police, Amritsar. Section 195 Cr.P.C. reads as under: -