SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by Swaran Singh (petitioner herein) under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in the complaint case titled as Surinder Pal v. Swaran Singh and another for offences under Section 302/34 of Indian Penal Code pending in the court of Sh. K.C. Gupta, Judicial Magistrate Ist Class, Gurdaspur.

(2.) AS per averments made in the petition, Surinder Pal (respondent No. 2 herein) lodged First Information Report No. 65 of 15.5.1994 at Police Station Dhariwal under Section 302/34 of the Indian Penal Code. The First Information Report is regarding the murder of one Ghulla. It was alleged in the FIR that deceased Ghulla was last seen in the company of Swaran Singh. After making necessary investigation into this matter, the police filed report under Section 173 Cr.P.C. in the court of learned Judicial Magistrate and it was stated in the report that the above mentioned FIR should be cancelled and necessary action should be taken against Surinder Pal for having lodged a false report.

(3.) THIS petition came up for hearing before this Bench on 26.8.1996 and notice was issued to the respondent. Meanwhile the arrest of the petitioner was stayed. Interim orders passed on 26.8.1996 have been extended from time to time.