KULWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SMT . Kulwant Kaur has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the Calendra/complaint dated 16.9.1995 (Annexure P.1) under Section 182 of the Indian Penal Code, initiated by the Station House Officer of Police Station Sadar, Fazilka, and the subsequent proceedings thereto, pending in the Court of Judicial Magistrate Ist Class, Fazilka.

(2.) BRIEFLY , the facts of the case as stated in the petition are;

(3.) ON receipt of notice of motion, the respondents filed reply in the form of affidavit of Ram Singh, Asstt. Superintendent of Police, Fazilka, and controverted the allegations made in the petition. It has been pleaded that in fact on 13.12.1994, the petitioner got herself medically examined, alleging the rape committed upon her and ASI Gurbhaj Singh recorded her statement and a case FIR No. 233 dated 13.12.1994, under Sections 376, 148, 149 IPC was registered at Police Station Sadar, Fazilka. The case was investigated by Sh. Kanwaljit Singh Dhillon. Superintendent of Police, Abohar, who came to the conclusion that the FIR lodged by the petitioner was found to be false. Consequently, the proceedings under Section 182, IPC were initiated against Kulwant Kaur, for lodging a false report by way of filing complaint under Section 182 I.P.C.