VINOD KUMAR @ AKHTAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure seeking quashing of the Qalandra presented against him under Sec. 66 of the Punjab Police Act, 2007 titled as State through S.H.O. P.S. Haibowal, Ludhiana versus Vinod Kumar @ Akhtar pending before the learned Court of Judicial Magistrate Ist Class, Ludhiana, (hereinafter referred to as 'Impugned Qalandra') along with all the consequential proceedings arising therefrom including the order dtd. 11/6/2018 whereby notice was issued to the petitioner.

(2.) Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated thus:

(3.) Learned counsel for the petitioner has iterated that the impugned proceedings are without jurisdiction inasmuch as the original complaint has been made to a superior police authority and was enquired into at that level. Learned counsel has further iterated that if at all the complaint was found to be false, any action could only have been initiated by the authority before whom the complaint was made or by an officer administratively superior thereto and not by an officer of an inferior rank. Learned counsel has emphasized that the learned Magistrate has mechanically issued notice without examining the legal bar contained in Sec. 195 Cr.P.C. and without considering the law laid down by the Hon'ble Supreme Court of India in P.D. Lakhani and another versus State of Punjab and another, 2008 (2) RCR (Criminal) 838. Furthermore, the impugned proceedings are the result of bias and have been initiated only to pressurize the petitioner, who had acted as a whistle-blower. It has been further submitted that the enquiry report was prepared behind the back of the petitioner without affording him any opportunity of hearing. Even service of notice was not effected in accordance with law and the petitioner was compelled to appear before the Court through a police official. On these premises, learned counsel has prayed that the Impugned Qalandra and all consequential proceedings arising therefrom be quashed to prevent abuse of the process of law.