DEVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under section 482 Cr.P.C for quashing of proceedings initiated by the Police under Section 182 IPC pertaining to DDR No. 26 dated 22.04.2007, Police Station Shahabad, District Kurukshetra recorded at the instance of the petitioner.

(2.) It is contended by the learned counsel for the petitioner that the police did not initiate any action against the accused persons in pursuance to the FIR. Instead, filed Kalandra under Section 182 IPC against the petitioner. Meanwhile, the petitioner filed complaint under Section 323, 324, 325, 326, 504, 506, 148, 149, 120-B, 109 IPC against the accused persons. The Magistrate, after recording preliminary evidence, summoned all the accused persons under Section 323, 324, 326, 506, 149 IPC vide order dated 14.07.2008.

(3.) It is contended that the proceedings under Section 182 IPC cannot proceed in view of the fact that the Magistrate has already taken cognizance of the complaint and in fact has summoned the accused persons to face the trial in the complaint filed by the petitioner. Allegations in the complaint before the Magistrate are identical as in DDR No. 26 dated 22.04.2007, P S Shahabad, District Kurukshetra.