LAWS(P&H)-1986-10-7

HAKAM SINGH Vs. STATE OF PUNJAB

Decided On October 14, 1986
HAKAM SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) An F.I.R. No. 509 of 1981 recorded at Police Station Jalalabad, District Ferozepur, on Aug. 26, 1981, is sought to be quashed by the petitioners Hakam Singh and Abnashi Lal in this petition under S.482 of the Code of Criminal Procedure (hereinafter called 'the Code'). The order of the Judicial Magistrate Ist Class, Ferozepur, dated Aprl. 16, 1985, passed in pursuance of this FIR is also prayed to be set aside as a consequential relief.

(2.) The facts of this case are that the impugned First Information Report was recorded on the basis of a complaint dated June 23, 1981 submitted by the complainant Chaman Lal to the Senior Superintendent of Police, Ferozepur, wherein it was alleged that the petitioners had committed offences under Ss.193, 196, 419, 420, 466, 468 and 471 read with S.120-B, Penal Code. According to this complaint the offences had been committed by the petitioners on May 25, 1962. It is alleged that the complainant came to know of the petitioners' having committed these offences on July 10, 1980.

(3.) Pursuant to the lodging of the First Information Report, after the completion of investigation, the challan was submitted in Court on Feb. 13, 1985. The trial Magistrate, vide the impugned order dated Aprl. 16, 1985, held that prima facie the petitioners had committed an offence under S.419, Penal Code and a charge was framed against them under this section accordingly.