SURENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petition under Section 482 Cr.P.C. has been filed for quashing a complaint/kalandra dated 11.01.2018 filed by the Police Station Sadar, Hisar before Judicial Magistrate Ist Class, Hisar on which the petitioners have been summoned vide notice dated 17.04.2018.

(2.) Learned counsel for the petitioners has submitted that the present complaint for initiation of proceedings under Section 182 Cr.P.C. is not maintainable in view of the fact that the complaint which has been filed was lodged in the CM Window and, therefore, the proceedings initiated by the Station House Officer, Police Station Sadar, Hisar is not maintainable. He while referring to Section 182, read with Section 195 Cr.P.C. has submitted that the concerned Station House Officer had no jurisdiction to lodge a complaint. He has relied upon the judgments passed by this High Court in the cases of Harbans Singh Vs. State of Punjab and another, 1991 3 RCR(Cri) 113 & Malkiat Singh Vs. State of Haryana, 1999 2 RCR(Cri) 10.

(3.) On the other hand, learned counsel for the State has submitted that the present petition is premature as neither the order through which the petitioners have been summoned has been produced nor it is clear as to who had investigated the complaint lodged by the petitioners which was found to be false.