- (1.) The petitioners pray for quashing of FIR No.51 dated 19.7.2011, registered against them under Sections 182, 193, 195, 211, 217, 218 IPC and 7 and 8 of the Prevention of Corruption Act, registered at Police Station Lambra, District Jalandhar. This FIR has been registered against the petitioners in the background that petitioner No.1 had lodged an FIR No.31 dated 5.5.2011 under Sections 379, 420, 465, 468, 471, 120B IPC against three persons namely, Gurtej Singh and others. On 20.5.2011, Jatinder Kaur wife of Gurtej Singh, who was also the accused in FIR No.31, made a complaint to Inspector General of Jalandhar, who marked an enquiry to the Superintendent of Police (Head Quarter Jalandhar Rural). On the basis of the finding in this enquiry, the impugned FIR has been registered against the petitioners. The petitioners are seeking quashing of the said FIR on the ground that it is highly pre-mature.
(2.) It is conceded in the petition that Superintendent of Police, Headquarters, had recommended cancellation of the FIR registered against respondent No.2. The petitioners, however, would complain that without filing any cancellation report before the Judicial Magistrate, the present FIR has been registered against the petitioner. Even the cancellation report is yet to be accepted by the competent court and, therefore, the version of the petitioner is termed as prima-facie correct. On this basis, it is stated that the FIR registered against the petitioner is illegal and unlawful and also premature.
(3.) The petitioner-complainant is NRI and is permanently settled in England. He has made an allegation against Gurtej Singh for having stolen certain blank stamp papers from his car parked outside his residence and for utilizing the same for fabricating agreement to sell. Upon investigation of this complaint, a detailed report was submitted to SHO, Police Station Lambra, who in turn submitted the report to the Deputy Superintendent of Police and, therefore, the FIR was registered. Some reference is made to the opinion, which was obtained from the District Attorney about the jurisdiction of the police station in regard to the offences. It is stated that thereafter the present FIR was registered. Subsequently, however, Superintendent of Police, Headquarters Jalandhar, had conducted an enquiry. It is also noticed that the final report in FIR No.31 dated 5.5.2011 has been submitted and the petitioners have already filed a protest petition against the same. However, it is stated that the cancellation report has so far not been accepted and hence, it is urged that the FIR registered against the petitioners can not be further processed. In support, the learned Senior counsel has relied on Jarnail Singh Vs. The State of Punjab and another, 1983 1 RCR(Cri) 540 and Kulwant Kaur Vs. State of Punjab, 1997 2 RCR(Cri) 780;