MALKIAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition by Malkiat Singh under Section 482, Criminal Procedure Code, (hereinafter "the Code"), for quashing the criminal complaint filed under Section 182 of Indian Penal Code by S.H.O., P.S. Thanesar Sadar, District Kurukshetra, in the Court of Additional Chief Judicial Magistrate, Kurukshetra, and the order of the learned Magistrate dated July 14, 1990.

(2.) THE petitioner had sent a complaint on August 31, 1989 to the Superintendent of Police, Kurukshetra, against certain persons with serious allegations. The petitioner requested the Superintendent of Police to register against those persons offences under Sections 302, 148, 149, 120-B and 201 IPC and investigation was thereupon made into the complaint by Inspector Ram Nath. Statements of witnesses were recorded. It was found that the complaint (Calendra), under Section 182 IPC, was filed in the Court by Sub Inspector Sohan Singh against Malkiat Singh on March 13, 1990. The Additional Chief Judicial Magistrate, Kurukshetra, summoned Malkiat Singh and, after hearing him, passed order on July 14, 1990 for proceeding further in the matter.

(3.) IT is also argued by the learned counsel for the petitioner that no police report, under Section 173 of the Code was filed in the Court, showing whether offences were made out or not, as alleged in the complaint filed by Malkiat Singh. Moreover, conclusion drawn by the Police officer, that the allegations made by Malkiat Singh were false, without jurisdiction and bad in law in the absence of any order by the Magistrate on the result of investigation. Allegations were treated by the police officer as false without following due procedure laid down in the Code regarding the registration of a criminal case and the investigation into it by the police. It is further argued that the complaint was sent by Malkiat Singh to the Superintendent of Police, Kurukshetra, but the present case, by way of Calendra under Section 182 I.P.C. has been filed against Malkiat Singh by S.H.O. and not by the Superintendent of Police.