AMIR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of the impugned order dated 28.02.2019 (Annexure P-5) passed by the learned Additional Sessions Judge, Gurdaspur in case CRR No.55 dated 05.11.2018.

(2.) The facts giving rise to the present petition are that respondent No.2 herein had moved a complaint dated 04.05.2017 to the Senior Superintendent of Police, Gurdaspur; alleging therein that he was assaulted by one Lekh Raj and others. Although no FIR was registered on the same, however, the police claimed that some inquiry was conducted by the police; and the complaint filed by the respondent was found to be false. Accordingly, the proceedings against the respondent, were initiated before the Magistrate, by filing a complaint under Section 182 of Indian Penal Code (hereinafter referred to 'IPC'), by SHO, Police Station Behrampur. The Court of Magistrate proceeded further with the complaint and issued summons to the respondent. Aggrieved against that complaint and the summoning order, the respondent had filed a revision petition before the court of Additional and Sessions Judge, Gurdaspur. The Additional and Sessions Judge, Gurdaspur vide its order dated 28.02.2019 accepted the revision and set aside the order passed by the Magistrate; and the complaint filed by the police was dismissed. It is against this revisional order, that the present petition has been filed, by the alleged accused in the complaint which was filed by the respondent. It deserves to be mentioned here that SHO who had filed complaint under Section 182 IPC before the Magistrate; is not the petitioner before this court and the police have not challenged the order passed by the Additional and Sessions Judge, Gurdaspur.

(3.) While arguing the case, learned counsel for the petitioner has submitted that the allegations levelled against the present petitioner were found false by the police. Hence, the respondent deserves to be punished in accordance with law; for moving the police authority with false complaint. The Magistrate had rightly summoned the respondent. The well reasoned order passed by the Magistrate has wrongly been set aside by the revisional court.