R.S. Madan, J. - (1.) THE sole question which has been raised by the petitioner in this petition is whether under the provisions of Section 195 of the Code of Criminal Procedure (hereinafter for brevity to be referred to as the "Code"), only the Senior Superintendent of Police, Jind was competent to file the complaint for an offence punishable under Section 182 of the Indian Penal Code or that the Station Housed Office of the Police Station Sadar, Jind was also competent to do so.
(2.) BY filing this petition, the petitioner has challenged the correctness, propriety and legality of the judgment dated May 25, 2006 passed by the learned Additional Sessions Judge, Jind, whereby the appeal filed by the present petitioner against his conviction and sentence for the offence under Section 182 of the Indian Penal Code was dismissed and the petitioner was released on probation for a period of one year. The brief resume of facts relevant for the disposal of this petition is that Karambir Singh resident of Village Daryawala was married in Village Khedar. He along with his family had gone to attend the marriage in his in -laws house. He died there due to heart attached. His in -laws called doctor Anant Ram and the doctor on reaching found Karambir dead. His in -laws informed about the death of Karambir to the in -laws of Shakuntla wife of Karambir. Accused Karam Singh reached Village Khedar and after (verifying the facts and the cause of death of his brother Karambir, cremated the dead body in his native village in the presence of the villagers. The petitioner thereafter made three complaints to the Superintendent of Police, Jind alleging therein that his brother Karambir died due to strangulation or poisoning. The inquiry was conducted by the different police officers and on inquiry it was found that the cause of death of Karambir was heart attached and none else. Having found all the complainants to be false, calandra under Section 182 of the Code of Criminal Procedure, was filed against the petitioner by the Station House Officer of Police Station Sadar, Jind, which resulted into conviction and Sentence for a period of two months and a fine of Rs.500/ -.
(3.) I have heard the learned counsel for the parties and have minutely swayed the submissions of the learned counsel.;