Jagraj Singh vs State of Punjab

Harmohinder Kaur Sandhu, J.

Jagraj Singh has filed this petition under Section 482 Cr.P.C. for quashing and setting aside Calendar presented by the police in the Court of Judicial Magistrate 1st Class, Barnala, against the petitioner for proceedings under Section 182 of Indian Penal Code.

Brief facts of the case are that an occurrence took place on 17.7.90 regarding which case FIR No. 64 of 1990 was registered at Police Station, Sehna, under Section 324/34, IPC against Sukhdev Singh son of Bhag Singh, Bhag Singh son of Chetan Singh and Jora Singh son of Himmat Singh, all residents of village Cheema, Tehsil barnala. The case was registered at the instance of the petitioner and on 24.7.1990 on receipt of Xray report the offence was converted to Section 326, IPC Police, however, did not arrest the accused in the case which led the petitioner to file a complaint in the Court of a Judicial Magistrate 1st Class, Barnala, on 10.8.1990 for the same offences. On the basis of the complaint Sukhdev Singh and others were summoned to stand trial for offences under Sections 326/324/34 IPC. The police after investigation did not take any action against accused and rather presented a Calender under Section 182, IPC against the petitioner. The petitioner alleged that although the Police had concluded on 5.8.1990 that FIR was falsely lodged by the petitioner yet no action was taken in the matter till July, 1992 and the Calendar was liable to be quashed on this ground alone. Moreover, the case registered against the accused was not false as on the same allegations the accused persons had been summoned by the Court and they were facing trial for causing hurt. In the light of summoning order passed by Judicial Magistrate 1st Class, Barnala Annexure P2 the findings of the police had become irrelevant.

No return has been filed by the respondent.

I have heard the counsel for the parties.

This is an admitted fact that enquiry was held in the case by Deputy Superintendent of Police who came to the conclusion that case against Zora Singh, Sukhdev Singh etc. was false and on 5.8.1990 S.I. Daya Singh made a report in the Rojnamcha and recommended action under Section 182 of the Indian Penal Code against the petitioner. The calendar was, however, presented in Court in July, 1992, i.e. after about 23 months of the detection of the fact that FIR No. 64 of 1990 was false. Under Section 468 of the Code of Criminal Procedure the period of limitation for filing a Calendar under Section 182 PC is one year because the punishment for the offence is prescribed upto six months or fine Rs. 1000/ or both. The limitation started running from 5.8.1990 and no Court could take cognizance of the offence a after the expiry of period of limitation.

As a result, I accept this petition and quash the Calendar under Section 182 IPC presneted by the police in the Court of Judicial Magistrate 1st Class, Barnala, and also the proceedings taken on the basis of that Calendar.