SURINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE prayer in the present petition filed under Section 482 Cr.P.C is for quashing of kalendra under Section 182 of the Indian Penal Code titled State v. Surinder Singh S/o Phuman Singh, pending in the Court of Chief Judicial Magistrate, Hoshiarpur.

(2.) BRIEFLY the facts are that the petitioner lodged an FIR No. 115 dated 9.7.1999 against respondents No. 2 & 3 under Sections 452/448/506/342/380/427/148/149 IPC at P.S City Hoshiarpur. After investigation, the police submitted a cancellation report on 4.4.2000, which was ultimately accepted by the learned Magistrate vide order dated 4.1.2002. However, the petitioner being a complainant was given liberty to file a protest complaint in case, still aggrieved. It is admitted that the petitioner, thereafter, filed a complaint under Sections 148/448/447/452/342/427/380/506/149 IPC on 31.1.2002 in which after recording preliminary evidence, respondents No. 2 & 3 have already been summoned vide order dated 19.4.2002 and the case is still pending before the Magistrate. For the reason that the allegations made by the petitioner at the time of lodging FIR against respondents No. 2 & 3 were found to be false and after investigation, cancellation report submitted by the police was accepted by the Court, the kalendra was prepared under Section 182 IPC against the petitioner on 9.4.2002 and submitted before the Illaqa Magistrate.

(3.) KEEPING these facts in view, it was further opined that the kalendra cannot be proceeded with independently and the same was ordered to be clubbed with the complaint filed by the petitioner. With this observation, application filed by the petitioner for dropping the proceedings initiated against him under Section 182 IPC was disposed of.