HANS RAJ Vs. PREM SINGH TANGANIA

JUDGEMENT

(1.) Both these petitions are being disposed of by this common judgment as common question of law and fact is involved therein.

(2.) Petitioners have approached this Court against summoning order dated 3.11.2017 issued against them by the trial Court in private complaint case No. 28-2 of 2017, titled Prem Singh Tangania Vs. Anjum Ara and others filed by respondent No. 1 in the Court of learned Chief Judicial Magistrate, Solan.

(3.) It is submitted on behalf of petitioners that petitioners were discharging their official functions and duties in the office of Superintendent of Police, Solan and for act and conduct of complainant/respondent, a report was registered against him in Police Post, Solan under Sections 186 and 189 of IPC and Chief Judicial Magistrate, Solan had accorded permission to investigate the same vide order dated 13.5.2016 and after investigation kalandra has been presented in the Court in respect of the complainant under Sections 186 and 189 of IPC. It has been further submitted that, as a matter of fact, private complaint against the petitioner(s) is a counterblast to the action taken by the police for his acts and conduct leading to registration of case and presentation of Kalandra against him.