RAJESH BINDAL,J - (1.) THE prayer in the present petition filed under Section 482 Cr.P.C is for quashing kalendra filed under Section 182 IPC vide rapat No. 55 dated 3.7.2003 by SHO, Police Station, Model Town, Ludhiana and all proceedings subsequent thereto with a further direction for reinvestigation in FIR No.432 dated 24.10.2002 registered under Sections 323/341/506 IPC at Police Station Model Town, Ludhiana by some senior officer.
(2.) BRIEFLY , the facts as stated in the petition are that the petitioner with her mother Baljit Kaur started orchestra party in the year 1990 with one Sagir Hussain in the name of 'Babita Sagir and Party'. They worked together for about three years. However, due to the fact that Sagir Hussain had been keeping bad eyes on the petitioner, the parties separated their business. Still Sagir Hussain continued harassing the petitioner and her mother. He had been putting pressure on the petitioner to join his group. On refusal, false cases were filed against the petitioner. On 17.10.2002, when the petitioner and her mother were returning after attending the Court at Malerkotla, where a false complaint has been filed by Sagir Hussain against them, they were followed by Sagir Hussain. When the petitioner reached near Garha Market, Ludhiana, Sagir Hussain stopped his vehicle ahead of the vehicle of the petitioner. He gave beating to the driver of the petitioner's vehicle and hurled filthy abuses to the petitioner and her sisters Krishma, Reshama and threatened to kidnap them. After this occurrence, a written complaint was filed to the SSP, Ludhiana on 23.10.2002. It is further stated that as Sagir Hussain is a very influential person of Malkerkotla, he interfered in the investigation of the FIR and got a cancellation report prepared. The cancellation report was presented before the Lok Adalat on 26.4.2003. However, on consideration of the objections raised by the petitioner showing dissatisfaction to the report, the learned Presiding Officer, Lok Adalat remitted the matter back to the Station House Officer, Model Town, Ludhiana. Before even the of cancellation report, with his influence Sagir Hussain got the impugned kalendra prepared and filed against the petitioner under Section 182 IPC. It is this kalendra, which is impugned in the present petition. Learned counsel for the petitioner submitted that the filing of kalendra against the petitioner when even the investigation was still pending before the police after having been returned by the Lok Adalat shows bias approach of the prosecution to harass the petitioner. Further it is submitted that even if it is found that the kalendra was maintainable at this stage still the same was not competent for the reason that the complaint was admittedly made by the petitioner to the SSP, Ludhiana whereas the kalendra was filed with the Court under the signatures of the SHO, Police Station, Model Town, Ludhiana. Reliance has been placed upon judgments of this Court in Jarnail Singh v. State of Punjab and another, 1983(1) Chandigarh Law Reporter 719; Vinod Kumar v. State of Haryana, 1999(3) RCR(Criminal) 323 and Sardari Lal v. State of Punjab, 1992(2) RCR(Criminal) 13.
(3.) THE stand of the State in the reply filed is that on inquiry, cancellation report was prepared on 5.12.2002 and was presented in the Court of Illaqa Magistrate and the same had not been accepted so far. He, on instructions from Hira Singh, ASI further submitted that on account of objections raised by the petitioner to the cancellation report, the same was not accepted by the learned Magistrate and the matter has been remitted back for further investigation.;