JAGRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGRAJ Singh has filed this petition under Section 482 Cr.P.C. for quashing and setting aside Calendar presented by the police in the Court of Judicial Magistrate 1st Class, Barnala, against the petitioner for proceedings under Section 182 of Indian Penal Code.

(2.) BRIEF facts of the case are that an occurrence took place on 17.7.90 regarding which case FIR No. 64 of 1990 was registered at Police Station, Sehna, under Section 324/34, IPC against Sukhdev Singh son of Bhag Singh, Bhag Singh son of Chetan Singh and Jora Singh son of Himmat Singh, all residents of village Cheema, Tehsil barnala. The case was registered at the instance of the petitioner and on 24.7.1990 on receipt of X-ray report the offence was converted to Section 326, IPC Police, however, did not arrest the accused in the case which led the petitioner to file a complaint in the Court of a Judicial Magistrate 1st Class, Barnala, on 10.8.1990 for the same offences. On the basis of the complaint Sukhdev Singh and others were summoned to stand trial for offences under Sections 326/324/34 IPC. The police after investigation did not take any action against accused and rather presented a Calender under Section 182, IPC against the petitioner. The petitioner alleged that although the Police had concluded on 5.8.1990 that FIR was falsely lodged by the petitioner yet no action was taken in the matter till July, 1992 and the Calendar was liable to be quashed on this ground alone. Moreover, the case registered against the accused was not false as on the same allegations the accused persons had been summoned by the Court and they were facing trial for causing hurt. In the light of summoning order passed by Judicial Magistrate 1st Class, Barnala Annexure P-2 the findings of the police had become irrelevant.

(3.) I have heard the counsel for the parties.