Allowed

Rajwant Kaur v. State of Punjab

Punjab & Haryana HC26 May 2009CRM-M/28463/2008

Case brief

AI extract

What is this about?

This court allowed a petition under Section 482 CrPC to quash a complaint (Kalandra) and subsequent proceedings under Section 182 IPC. The judgment held that since no FIR was registered on a false complaint, initiating prosecution under Section 182 IPC was not warranted and the case constituted an abuse of the court's process.

What did the court decide?

Kalandra Annexure P-1 and all criminal proceedings emanating therefrom were quashed.

Rajwant Kaur Vs State of Punjab — Cheque Dishonour | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 28463 of 2008 Date of Decision:- 26.5.2009

Rajwant Kaur

.... Petitioner

Versus

State of Punjab

.... Respondent.

Present:- Mr. S.S.Swaitch, Advocate, for the petitioner.

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Mr. Abhishek Chautala, AAG, Punjab.

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M.M.S.BEDI. (J) (Oral)

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Petitioner has filed this petition under Section 482 Cr.P.C for quashing of Kalandra No. 141 dated 18.9.2007 under Section 182 IPC registered at Police Station Khamano, District Fatehgarh Sahib and all the subsequent proceedings against her in the Court of Judicial Magistrate, Fatehgarh Sahib.

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The petitioner had filed a complaint to S.S.P against Naudh Singh in-charge Police Post Kheri, Gurpreet Singh, Lakhvir Singh and Balwant Singh on the allegations that they were interfering in the land in her possession. The said complaint was found to be false on enquiry conducted by DSP Khumano. After the complaint was found to be false, it was recommended by S.S.P that proceeding under Section 182 IPC be initiated against the petitioner resulting in presentation of Kalandra Annexure P-1. It is an admitted fact that the Kalandra has been presented by S.H.O and that in the present case no FIR had been registered on the basis of complaint filed by petitioner. Complaint on enquiry has been found to be false. As no FIR registered on the basis of the alleged false complaint of the petitioner as such initiation of proceedings under Section 182 IPC is not

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Crl. Misc. No. M- 28463 of 2008

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-2-

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warranted. No doubt the inquiry can be conducted before registration of FIR, but unless and until proper investigation after registration of FIR is conducted the launching of prosecution under Section 182 IPC is not warranted. In this context reference can be made to judgment of this Court

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in Malkit Singh Vs. State of Punjab, 1999(2) RCR (Crl) 10 .

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Kalandra deserves to be quashed on another ground i.e the complaint was made to the S.S.P whereas the complaint has been lodged by S.H.O. The launching of proceedings under Section 182 IPC is, thus, an abuse of process of the Court.

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The petition is allowed. Kalandra Annexure P-1 and all the criminal proceedings emanating therefrom are hereby quashed.

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May 26, 2009 tripti

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(M.M.S.Bedi) Judge

Rajwant Kaur v. State of Punjab

Case brief

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Rajwant Kaur v. State of Punjab

Case brief

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