JANAM SINGH Vs. STATE OF H P

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 Cr.PC, prayer has been made on behalf of the petitioner for quashing of orders dated 10.12.2014 and 4.7.2017, passed by the learned Chief Judicial Magistrate, Chamba, H.P., in FIR No. 37 of 2011, titled State of H.P. Vs. Janam Singh, whereby direction has been issued to issue non-bailable warrants to the petitioner for commission of offences punishable under Sections 452, 323, 427, 376 and 511 of Penal Code. Vide aforesaid order, court below also directed the Investigating Officer to file proper challan.

(2.) Facts, as emerge from the record are that aforesaid FIR came to be lodged against the petitioner at the behest of the complainant-prosecutrix, who vide written complaint made to SDM Pangi, alleged that on 12.12.2011, at about 9:15 AM, petitioner-accused namely Janam Singh, came to her house and taking undue advantage of her loneliness, tried to molest her and also slapped her. Complainantprosecutrix also reported in her complaint that with great difficulty, she was able to rescue herself from the clutches of the accused, but accused while leaving the spot, extended threats to kill her by proclaiming that he is a person of BJP. Aforesaid written complaint subsequently came to be forwarded to SHO Pangi, on the basis of which, FIR, as taken note herein above, came to be registered at P.S. Pangi, against the accused for having committed offences punishable under Sections 452, 427, 376 and 511 of Penal Code. During investigation, police found the accused to have committed offence only under Sec. 323 IPC, which is non-cognizable and accordingly, prepared cancellation report qua the other offences under Sections 452, 427, 376 and 511 of Penal Code and submitted the same before the competent court of law for acceptance.

(3.) Record further reveals that learned CJM Chamba, after having received cancellation report, issued notice to the complainant, who filed objections to the cancellation report on 18.8.2012. Learned CJM Chamba, having perused objections filed by the complainant sent the case back to SHO P.S. Pangi, for further investigation and called for the report on 21.11.2013. SHO P.S. Pangi, submitted report on 24.10.2014, reiterating that nothing has emerged against the accused as far as commission of offence under Sections 452, 427, 376 and 511 of Penal Code is concerned. Court below having recorded the statement of complainant, declined to accept the cancellation report submitted by the police and directly took cognizance against the accused for having commission of offence punishable under Sections 452, 323, 427, 376 and 511 of Penal Code and issued non-bailable warrants against the accused. Vide aforesaid order, learned court below also directed the Investigating Officer to file the proper challan. In the aforesaid background, petitioner-accused has approached this Court in the instant proceedings praying therein for quashment of FIR as well as consequent proceedings pending before the competent court of law.