AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by Ajit Singh under Section 482 of the Code of Criminal Procedure seeking quashing of Calendra under Section 182 of the Indian Penal Code filed by Officer Incharge Police Station, Mallanwala and all subsequent proceedings pending in the court of learned Judicial Magistrate Ist Class, Zira.

(2.) IT is alleged that petitioner and his son Kashmir Singh besides grandson Amar Singh were implicated in a case under Sections 326/324/323/34 IPC read with Section 27 of the Arms Act. The petitioner was arrested on 14.12.1994 and was released on bail only on 2.2.1995. While the petitioner was in detention, one Santa Singh had put in an application pleading that petitioner was a witness on a report made by Kanungo against Surinder Pal, the then Station House Officer, Police Station, Mallanwala. The said Surinder Pal is instrumental for registration of false case against the petitioner and others. An enquiry was conducted on that complaint and finding the allegations to be incorrect, a Calendra has been presented for the offence punishable under Section 182 of the Indian Penal Code against the petitioner.

(3.) IN the reply filed by the Deputy Superintendent of Police it has been pointed that an application had been filed making allegations against the Officer Incharge, Police Station, Mallanwala. It was signed by Santa Singh. However, it was moved on behalf of the petitioner also. Admittedly, the petitioner had not signed the application. It was denied that there was any ground for quashing the proceedings.