- (1.) The prayer in the present petition is for quashing of the KALENDRA (Annexure P1) filed against the petitioners for the offence punishable under Section 182, IPC, and the consequential proceedings arising therefrom.
(2.) Briefly stated the facts of the prosecution case are that petitioner no.1 Raj Kumar, resident of Gardhiwala, District Hoshiarpur, presented an application bearing No.1472 dated 22.11.2005, to the Senior Superintendent of Police, Hoshiarpur, with the allegations that Ram Balak Dass Chela Mehant Siya Ram, resident of Gardhiwala, was trying to usurp his land. The Senior Superintendent of Police, Hoshiarpur, marked the said application to Station House Officer, Police Station, Gardhiwala. After inquiry, it was concluded by the police that the contents of the application were false. The above matter was taken up in the District Grievances Committee, Presided over by PWD(B&R) Minister.
(3.) Punjab, on 01.04.2006, in which it was ordered that if the contents of the application were incorrect then action under Section 182, IPC, be initiated in accordance with law. The Senior Superintendent of Police, Hoshiarpur, ordered that a complaint for the commission of offence punishable under Section 182, IPC be instituted against the petitioners. In compliance of the above, the Station House Officer, Police Station, Gardhiwala, through Additional Public Prosecutor, presented the KALENDRA before learned Judicial Magistrate Ist Class, Dasuya, on 24.01.2008 against the petitioners for the offence punishable under Section 182, IPC.;