JASWANT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY means of this petition filed under Section 482 Cr.P.C., the petitioners seek the quashing of FIR No. 34, dated 26.2.1998, Police Station Khuhi Khera, Tehsil Fazilka, District Ferozepur, under Sections 302/363/364, 210/34, IPC, and consequential proceedings and order dated 26.2.1998 passed by Judicial Magistrate Ist Class, Fazilka.

(2.) RESPONDENT No. 2 Kala Singh, son of Ram Chand, filed a criminal complaint before Judicial Magistrate Ist Class, Fazilka, who, after recording the statements of the complainant proceeded to enquire into the case under Section 202(3), Code of Criminal Procedure, and recorded the statements of some witnesses. However, at that stage the learned Judicial Magistrate Ist Class, Fazilka, passed the impugned order vide which he issued a direction to the police to register the case on the basis of the complaint and investigate the same. The learned Magistrate placed reliance on the decision of the Hon'ble Supreme Court in the case of Madhu Bala v. Suresh Kumar, 1997(3) RCR (Crl.) 679.

(3.) I have heard the counsel for the parties.