SURJIT SINGH ALIAS BILLU Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-5-496
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 18,2012

SURJIT SINGH ALIAS BILLU Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) Tersely, the facts and material, culminating in the commencement, relevant for disposal of the present petition and emanating from the record are that, complainant-Harjinder Singh son of Kapoor Singh, respondent No.2 (for brevity "the complainant") was working as a Press Reporter for the Paper styled as "Daily Spokesman". According to the complainant that in the wake of receipt of information with regard to the illegal possession of petitioner-Surjit Singh @ Billu, over the Panchayat land, he reached the village Dhaner and snapped its photographs. Thereafter, he contacted the Sarpanch Balbir Singh, where he came to know that the officers of the office of B.D.P.O., Mehal Kalan, were expected to come at the spot, to make an enquiry. After meeting the officials, he went to his own village Mangewal, where at about 8.00 PM, he received a telephonic call from the petitioner, who said that if you would publish the news about his possession over the Panchayat land, he will kill him(complainant) with gun fire, gave abuses and threatened him with dire consequences. Apprehending danger to his life from the petitioner, the complainant reported the matter to the police. In the background of these allegations and in the wake of complaint of the complainant-Harjinder Singh, a criminal case was registered against the petitioneraccused, by way of FIR No.26 dated 16.04.2008(Annexure P-1), on accusation of having committed the offence punishable under Sections 294 and 506 IPC, by the police of Police Station Mehal Kalan, District Barnala.
(2.) The petitioner did not feel satisfied with the initiation of criminal case and preferred the present petition, to quash the impugned FIR(Annexure P-1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C.
(3.) The case set-up by the petitioner, in brief, insofar as relevant was that, he is an NRI and a big landlord of village Dhaner. He has sufficient immovable property. He is managing the said property through his employees. The complainant has lodged a false criminal case against him, with the intention to extract/grab money from him and no offence whatsoever is made out against him under Sections 294 and 506 IPC in this respect.;


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