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2006 DIGILAW 2010 (PNJ)

Som Nath Chatrath v. State Of Punjab

2006-05-10

SURYA KANT

body2006
Judgment Surya Kant, J. 1. The prayer in this petition is for quashing of Rapat No.12 dated 20.10.1999, P. S. Division No.5, Jalandhar as well as the Kalendra under section 182 IPC (Annexure P-2) and the subsequent proceedings arising therefrom. 2. The facts which have given rise to this petition are, that one chander Parkash, son of Mulakh Raj, got registered FIR No.82 dated 16.9.1997, under sections 323, 342, 148, 149 IPC, at police Station Division no.5, Jalandhar. 3. In the above stated FIR, a cross-case was also registered on the complaint made on behalf of the petitioners that the opposite party had caused injuries to Ramu and Manpreet two servants of the petitioners. During the course of investigation, the police came to the conclusion that the version of Chander Parkash, son of Mulakh Raj, as recorded against the petitioners, is true whereas the injuries allegedly suffered by Ramu and manpreet were self-inflicted and a false case was got registered by the petitioners. On this premise, a Kalendra under section 182 IPC has been presented against the petitioners with the allegation that they are guilty of giving false information knowingly. Aggrieved, the petitioners have approached this Court. 4. It is the conceded position that the investigation report submitted by the police under section 173 Cr. P. C. in FIR No.82 dated 16.9.1997 is still a subject matter of trial and no final verdict has been announced by the competent court. In short, there is no judicial verdict as on date as to whether the cross-version given by and on behalf of the petitioners is false or not. Since the mater is still sub-judice, it appears that the action initiated by the police authorities under section 182 IPC is premature and hasty. 5. Consequently, this petition is allowed to the extent that further action/proceedings in respect of Rapat No.12 dated 20.10.1999 and the kalendra (Annexure P-2) under section 182 IPC shall be kept in abeyance till the court of competent jurisdiction decides the trial arising out of FIR no.82 dated 16.9.1997. The findings to be returned by the court shall decide the fate of the proceedings initiated under section 182 IPC. Disposed of.