SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in the present petition is to the calendar dated October 22, 2000 filed by the Assistant Sub Inspector of Police Post Shimlapuri under Section 182 of the Indian Penal Code (for short IPC).

(2.) BRIEFLY the facts as stated in the petition are that the petitioner sent complaints dated 22.5.2000 and 8.6.2000 to the Senior Superintendent of Police for registration of the case against one Swaran Singh under Sections 420, 465, 467, 468, 471 IPC alleging that his signatures were obtained on the blank papers by Swaran Singh who converted the same into a general power of attorney in favour of his wife Harjit Kaur. Resultantly both Swaran Singh and his wife in connivance with each other grabbed the plot measuring 100 sq.yards on the basis of forged and fabricated general power of attorney which was never signed by the petitioner. The complaint was marked by the Senior Superintendent of Police to the Deputy Superintendent of Police for investigation who on inquiry found the complaint to be false. It is further submitted that in fact, the petitioner -complainant had filed an application before the Deputy Superintendent of Police, Ludhaina dated 12.6.2000 stating that he does not wish to pursue the complaints as the matter between the parties had been compromised with the intervention of the respectables. After the complaint filed by the petitioner was found to be false, DDR No. 7 dated October 22,2000 was recorded under Section 182 IPC and a calendar was presented in the Court of competent jurisdiction under the signatures of Ravinder Singh, ASI Police post Shimlapuri, Ludhiana. The petitioner thereafter filed an application for discharge before the Court below. According to the counsel for the petitioner, it is still pending.

(3.) ON the other hand, learned Counsel for the State submitted that the calendar though was presented under the signatures of Assistant Sub Inspector but as it is evident thereon, it was on the direction by the Senior Superintendent of Police whereby he ordered for taking action against the petitioner under Section 182 IPC.