KULDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed for quashing FIR No.68 dated 23.08.2012, registered at Police Station, Gagret, and for quashing of orders dated 19.08.2012 and 22.08.2012 passed by Judicial Magistrate Ist Class, Amb, in Case No.160-1-2012 and for dismissal of complaint. It has been stated that petitioner belongs to a respectable family and is in public life since long. The petitioner remained M.L.A. of Himachal Pradesh Legislative Assembly. He remained Deputy Minister, Deputy Speaker and Cabinet Minister. The petitioner has unblemished career and he commands respect in general public. In order to tarnish the image of the petitioner, some persons have taken a step in the shape of putting a complaint before Judicial Magistrate Ist Class, Amb, the complaint ex-facie is false. The Magistrate either swayed away with the submissions made in the complaint under Section 156(3) Cr.P.C. or in routine without application of mind forwarded the complaint to respondent No.2 to register an FIR.

(2.) It has been stated that complaint has been filed against petitioner to achieve political mileage by political opponents of the petitioner. The Magistrate has overstepped the jurisdiction vested in him while passing the order on the complaint. The Magistrate has acted in an illegal manner in passing the impugned orders. It has been stated that examination of complainant is sine-qua-non for passing an order under Section 156(3) Cr.P.C. In alternative, the Magistrate is to send the complaint to the police for inquiry and then proceed further. The Magistrate has not adopted either course. The petitioner was not heard before the complaint was sent for investigation.

(3.) It has been stated that Magistrate has taken cognizance without first examining the complainant on oath. The taking of cognizance of the case by Magistrate is wrong, illegal. The Magistrate has not drawn the distinction between Sections 156 and 200 Cr.P.C. The cognizance can be taken under Section 200 Cr.P.C. and not under Section 156 Cr.P.C. The Magistrate has overstepped the jurisdiction. The allegation against the petitioner is that he got his caste changed from 'Tarkhan' to 'Lohar' by using his influence.