KRISHAN CHANDER AZAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is filed to quash the FIR No. 96 dated 24.11.1993 and the consequential challan in the Court of the learned Sub Divisional Judicial Magistrate, Phagwara, on 10.7.1995 for the offences under Sections 186/188/332/354/506/148/149 IPC.

(2.) ON 3.3.1993, a seminar was held at Phagwara on the subject of 'Bride Burning'. To attend the seminar as Chief guest, the DIG, Jalandhar range, came to Phagwara. The petitioners who are Advocates along with some other residents of the town wanted to meet DIG to apprise him the corrupt practices of the local police but they were not allowed to meet the DIG by them which led to a Dharna being staged by the persons aggrieved outside the premises where the seminar was held. The DIG after hearing the commotion allowed some people to come in. The petitioners and some others informed the DIG about the mis-deeds of the police offers, stationed at Phagwara. On 6.9.1993 when the DIG again visited the place, the petitioners 1 and 2 who were Advocates also brought to his notice the activities of the Police Officers. Because of this, according to the petitioners, the police officers at Phagwara became hostile to the petitioners and are bent upon to implicate them in some case.

(3.) THERE cannot be any dispute that challan once presented cannot be quashed unless it is shown that the averments in the challan are false or so absurd and do not constitute any offence. For the purpose of showing that the challan is not based on the factual position and it has been presented with an intention of taking revenge against the petitioners and others, learned Counsel for the petitioners relied upon an enquiry report conducted by the Executive Magistrate and the report of a senior police officer and the order passed by the District Magistrate refusing permission to prosecute the petitioners for the offence under Section 188 IPC for violation of order promulgated under Section 144 IPC.