R.K. JOSHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition is filed by the petitioner under Sec. 482 Cr.P.C. seeking quashing of Kalandra (Annexure P-1) filed vide Rapat No.33 dtd. 5/9/2017, summoning order (Annexure P-3) dtd. 5/9/2017 passed by the Court of Additional Chief Judicial Magistrate, SBS Nagar and order dtd. 7/1/2023 (Annexure P-20) passed by the Court of Additional Sessions Judge, SBS Nagar, whereby the revision petition filed by the petitioner against summoning order Annexure P-3 was dismissed.

(2.) The brief facts of the case are that petitioner lodged complaint Annexure P-11 dtd. 24/6/2014 with the Senior Superintendent of Police, SBS Nagar (in short SSP, SBS Nagar') against Harshvardhan and Vijay Gautam and others wherein he alleged that aforesaid persons fabricated one agreement to sell dtd. 26/3/2011 (Annexure P-12) purported to be executed by Ravi Gautam (since deceased) in favour of Harshvardhan son of Vijay Gautam. As the police failed to take any action on the basis of complaint Annexure P-11, the petitioner kept on sending reminders Annexure P-43 to Annexure P-52. As per police, the matter was inquired into and the allegations made in the complaint were found to be false. Resultantly, Kalandra (Annexure P-1) was presented by Inspector/SHO Police Station City Nawashahar coupled with written complaint Annexure P-2 made by SSP, SBS Nagar, under Sec. 182 IPC against the petitioner before the Court concerned, which entertained the same and passed summoning order (Annexure P-3) dtd. 5/9/2017.

(3.) The petitioner filed revision petition to challenge the aforesaid proceedings. However, the revisional Court dismissed the said revision petition vide order dtd. 7/1/2023 (Annexure P-20).