GURDIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for quashing of the Calendra bearing No.1406-5A, dated 17.8.2017 (Annexure- P.2) registered at the behest of Station House Officer, Kot Isse Khan, District Moga under Section 182 IPC along with all subsequent proceedings arising therefrom, being illegal, unlawful, without any merits and against the provisions of law.

(2.) The brief facts of the case are that Paramjit Singh alias Pamma son of the petitioner had gone to Manila about 15 years ago and he was doing business over there and was having good income. About 10 years ago Dulla Singh (respondent No.4) raised 'Lalkara' in the village and said that he has got Paramjit Singh alias Pamma killed by giving bribe to some persons. The petitioner was having a civil dispute regarding some land/house with respondent No.4 fearing danger to his family, the petitioner moved application dated 13.10.2014 against respondent No.4 and other persons to Senior Superintendent of Police, Moga (respondent No.2). The said application was inquired into by ASI Jaswinder Singh 111/Moga P.S. Kot Isse Khan but as no truth was found and the same was ordered to be filed. Respondent No.4 again threatened the petitioner that he has got his son Paramjit Singh killed in Manila and now he will also do the same to his younger son and will take possession of his land. The petitioner again moved an application dated 6.8.2015 to DIG, Ferozepur Range, Ferozepur. The said application was inquired into by ASI Baljit Singh and the same was also filed.

(3.) Feeling aggrieved with the complaint filed by the petitioner, respondent No.4 filed a complaint to respondent No.2 against the petitioner (Annexure-P.1). Respondent No.2 marked the complaint for inquiry to DSP-Dharamkot, who again sought the report of respondent No.3-SHO, Police Station Kot Isse Khan, District Moga. He deputed ASI Kuldeep Singh for conducting inquiry. During inquiry the statement of respondent No.4 was recorded and ultimately Calendra under Section 182 IPC was filed in the Court against the petitioner under the signatures of SHO, P.S. Kot Isse Khan, District Moga (respondent No.3), for making false complaint against respondent No.4. The sole point which has been raised in the petition is that Inspector Jasbir Singh, who was the Station House Officer, Kot Isse Khan, District Moga, has filed a Calendra and in view of the provisions of Section 182 of IPC , is not the competent authority to file the same. Section 182 of the IPC is reproduced hereunder:-