GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of the first information report (Annexure P 1) registered against the petitioner, on the around that the same was illegal, an abuse of the process of the Court, against the interests of justice, hit by Articles 14, 16 and 21 of the Constitution of India, and that it involves the doctrine of double jeopardy.

(2.) IN brief, the facts relevant for the disposal of this petition, are that in the year 1984, the petitioner while posted as S.H.O., Police Station Longowal, District Sangrur, got a case under Section 61(1(c) of Panjab Excise Act registered against Darbara Singh and Rajan Singh, vide F.I.R. No. 89 dated 10th June, 1984. According to the petitioner's allegations, only Rajan Singh was apprehended at the spot, whereas co-accused Darbara Singh was able to escape. Both the said accused being politically connected with Shri Sukhdev Singh Dhindsa, Senior Member of the Akali Dal, and, an ex-Minister, got the matter reinvestigated from Shri Daljit Singh, D.S.P., who, after investigation submitted a report that Darbara Singh was innocent, and he was shown in column No. 2 in the Police report. Shri B. R, Bansal, Judicial Magistrate Ist Class, Sangrur, while acquitting Rajan Singh, made a complaint (copy whereof is Annexure 12) in writing to the Chief Judicial Magistrate Sangrur, under Sections 193 and 211 against S.I. Gurdev Singh, for intentionally and deliberately giving false evidence in the said case without any just and lawful excuse, and the petitioner is facing trial in the said case. The Senior Superintendent of Police also referred the matter to the District Magistrate, Sangrur, under whose orders S D. M. Sangrur, conducted an enquiry and submitted report to the District Magistrate. Subsequently, on the basis of the said report, Senior Superintendent of Police got a case under Sections 218 and 193, Indian Penal Code, registered against the petitioner. According to the petitioner, the said F.I.R. was liable to be quashed.

(3.) IN its written reply it was pleaded on behalf of the State that the proceedings pending against the petitioner in the Court of Chief Judicial Magistrate, Sangrur, are legal and valid, and are based on the strictures passed against the petitioners, who was Investigating Officer in the case. The District Magistrate too ordered inquiry by the S.D.M Sangrur, under the Punjab Police Rules (Rule 16,38) after completion of the said inquiry, the District Magistrate got the case under Sections 193 and 218, Indian Penal Code, registered against the petitioner. The offence under Section 218 IPC, being a cognizable offence, a Police Officer is fully competent to investigate it. Further investigation would be on the basis of the impugned FIR which is legal and valid, and does not violate any provision of law, and that no sanction under Section 195 of the Code is required for launching, prosecution under Section 218, Indian Penal Code.