S.S.DEWAN,J. - (1.) PREM Singh petitioner has filed this petition praying that the proceedings under Section 182 Indian Penal Code, which have been drawn up in pursuance of the order (Copy annexure A) passed under Section 340 of the Code of Criminal Procedure, 1973 (for short, the Code) and the charge-sheet (Copy annexure B)framed by the Judicial Magistrate, Kharar, should be quashed.
(2.) THE impugned charge (copy annexure B) framed by the Judicial Magistrate Ist Class, Kharar, is in the following terms :- "That you Prem Singh on 5.5.77 in the area of Mubarikpur gave false information to Sub-Inspector, Vasan Singh, a Public Servant knowing and believing the same to be false, made the said Public Servant to get a case F.I.R. No. 37 dated 5.7.1977 registered on the basis of the said information and thereby committed an offence punishable under Section 182 I.p.C. and you Jaswinder Singh and Charan Singh abetted the commission of the said offence by Prem Singh by being his false witnesses in the occurrence narrated by Prem Singh to Sub-Inspector Vasan Singh and thereby committed an offence punishable under Section 182 IPC read with Section 109 IPC and within my cognizance." Without going into the details of the grounds taken up by in the petition, in substance the allegations therein amount to this : Mehma Singh filed an application under Section 340 of the Criminal Procedure Code, 1973, on the ground that Prem Singh petitioner and his son Avtar Singh caused grievous injuries to the applicant and his arm had been disabled permanently. A challan was put in by the police under Section 326, Indian Penal Code, against the petitioner and others. It was alleged that in order to save themselves, the petitioner got him falsely implicated for causing injuries to him sand his son. The case of Mehma Singh was that Prem Singh manoeuvred injuries in connivance with other respondents. On these grounds, Mehma Singh prayed that after making preliminary enquiry, action be taken against the petitioner and others under Sections 340/344 of the Code, for creating false evidence.
(3.) THE Judicial Magistrate after going into the evidence found a prima facie case against the petitioner and others under Sections 182 and 182/109, Indian Penal Code and accordingly ordered that a complaint be filed against them before the Chief Judicial Magistrate, RupNagar. In pursuance of the aforesaid order, a complaint was filed an Prem Singh and others were charged for the offence under Sections 182 and 182/109, Indian Penal Code, by Shri T.R. Bansal, Judicial Magistrate Ist Class, Kharar. By means of the present petition, the aforesaid order and the charge-sheet are sought to be quashed by invoking the provisions of Section 482 of the Code.;