LAWS(P&H)-1995-8-87

BADKSHISH SINGH Vs. STATE OF PUNJAB

Decided On August 07, 1995
Badkshish Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE petitioner has filed this petition under section 482 Cr.P.C. for quashing the complaint filed under sections 468/ 469/ 471/ 506/ 120-B/ 34 IPC against him by respondent No. 2.

(2.) RESPONDENT No. 2 Complainant was appointed Principal, Khalsa College, Garhdiwala, district Hoshiarpur, on April 8, 1983. As there was a change in the Management Committee on February 4, 1986, the complainant submitted his resignation from that post and thereafter the petitioner was appointed as acting Principal. Complainant lodged a complaint on February 18, 1986, at Police Station Tanda implicating Harbhajan Singh Dhatt accused No. 1. In that complaint there was no mention of accused Nos. 2 and 3 regarding these offences. This complaint was investigated by the Police and they submitted a report that no forgery had been committed by accused No. 1. Hence the FIR/ complaint was cancelled and a report was sent on December 24, 1986. Thereafter the complainant again pressed for another investigation by a different Police Officer. Further investigation was held. Again the same conclusion was arrived at. Thereafter on April 16, 1987, the complainant filed a complaint against Harbhajan Singh Dhatt, the petitioner as accused No. 2 and Pritam Singh, Head Clerk. Copy of the complaint is at Annexure P-3.

(3.) PETITIONER 's contention is that in the complaint no allegation is made against him that he forged the resignation of the complainant dated February 4, 1986, and, secondly, since the civil suit is pending the complaint on that very cause of action is liable to be quashed.