SHESHA SINGH Vs. B.C. GUPTA

JUDGEMENT

(1.) ON 15.12.2006, this Court disposed of a petition under section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as "the Code") with a direction to the Senior Superintendent of Police, Sangrur, to examine the application filed by the petitioner and thereafter proceed in accordance with law.

(2.) THE grievance of the petitioner is that in civil suit filed by the petitioner, an injunction was granted but despite the injunction, he has been dispossessed. An application filed by the petitioner under Order 39 Rule 2-A of the Code is pending but an argument was raised before this Court that such an application would not condone a criminal act or bar cognizance thereof. It was alleged that the police have conducted an inquiry/investigation without registration of any report, which is not permissible.

(3.) LEARNED counsel for the petitioner has vehemently argued that the police authorities have carried out the investigation without lodging the First Information Report which is not permissible. Reliance is placed upon judgment of Hon'ble Supreme Court reported as Ramesh Kumari v. State N.C.T. of Delhi and others, 2006(2) RCR(Criminal) 197 : 2006(1) Apex Criminal 541 : AIR 2006 SC 1322 : 2006(2) SCC 677.