Daya Chaudhary, J. - (1.) THE present petition has been filed under Section 482 Cr. P.C. for quashing of Kalandra dated 01.08.2012 under Section 182 IPC, at Police Station Uklana, District Hisar. Briefly, the facts of the case as mentioned in the petition are that the petitioner was posted as driver at Sub Depot, Haryana Roadways, Tohana, District Fatehabad. Accused Ishwar Singh Boora was posted as Sub Inspector in the same Depot and he was president of the Workers' Union affiliated to 'Sarav Karamchari Sangh'. Said Union declared "Chaka Jam/Sampuran Bandh" of Haryana Roadways on 08.06.2011 against issuing private permits by the Transport Department. Said Ishwar Singh Boora was stopping the buses to join the agitation. The petitioner was interested in plying the bus. Ishwar Singh Boora misbehaved with the petitioner by using filthy language. Petitioner made a complaint against him. The General Manager, Haryana Roadways, Fatehabad filed a suit for permanent injunction against respondent No. 2 and other Presidents of Workers' Union for restraining them holding any demonstrations/Dharna indulging or causing any difficulty to the employees of Haryana Roadways, Sub Depot, Tohana. The Civil Court vide order dated 07.06.2011 restrained Ishwar Singh Boora from interfering in day to day official activities of Haryana Roadways with a direction that no buses will be stopped. Petitioner did not join the agitation moved by the Union and remained on duty on that day. President of Union, Ishwar Singh Boora got annoyed because of that action. On 22.06.2012, when the petitioner was on duty and was going from Hisar to Bidhmara Village, accused Ishwar Singh Boora was armed with revolver got stopped the bus for checking and threatened the petitioner for not supporting the Union activities. A complaint was made by the petitioner on 25.06.2012 to SHO, Police Station Uklana and General Manager, Haryana Roadways, Fatehabad for taking action against accused Ishwar Singh Boora but no action was taken by the Police as well as General Manager. The petitioner filed a complaint under Sections 323, 186, 190, 332, 352, 353, 355, 506 IPC and Sections 27/54/59 of the Arms Act on the same set of allegations before the Judicial Magistrate 1st Class, Hisar. On finding prima facie case against accused Ishwar Singh Boora, he was summoned to face trial under Sections 323 and 506 IPC. A Kalandra was filed against the petitioner under Section 182 IPC for filing complaint against accused Ishwar Singh Boora on the same set of allegations.
(2.) LEARNED counsel for the petitioner submits that the present petition has been filed for quashing of Kalandra dated 01.08.2012 under Section 182 IPC on the ground that it is totally misuse of process of law as the same has been filed with ulterior motive. Learned Judicial Magistrate 1st Class, Hisar has ceased of the matter and Kalandra is not maintainable. Learned counsel for the petitioner has also relied upon the judgments of this Court in Ramesh Chand vs. State of Haryana, : 2006 (4) RCR (Cri) 718 as well as Tarlochan Singh vs. State of Punjab, : 2007 (3) RCR (Cri) 791. Learned State counsel has not disputed the filing of private complaint by the petitioner against the accused on similar allegations and also the pendency of the complaint.
(3.) HEARD arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the documents available on file.;