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2018 DIGILAW 1477 (PNJ)

Gagandeep Singh v. State of Punjab

2018-03-22

AMOL RATTAN SINGH

body2018
JUDGMENT : AMOL RATTAN SINGH, J. 1. By this petition, the petitioner seeks quashing of FIR No. 173 dated 22.10.2017, registered at Police Station City Malout, District Sri Muktsar Sahib, for the alleged commission of offences punishable under Sections 307/382/148/149 IPC. 2. As already recorded in the order dated 11.01.2018, the complainant in the FIR, i.e. respondent no. 2 Mangat Ram, was stated to have submitted before the learned Additional Sessions Judge, Sri Muktsar Sahib, in reply to the bail application filed by the petitioner, that the petitioner had never been named by him at all in the original complaint and that his name had been wrongly entered in the FIR. 3. Thereafter, vide the order dated 15.03.2018, this Court had noticed that even in the carbon copy of what was stated to be the complaint of respondent no. 2, recorded before ASI Rashpal Singh on 22.01.2007, the petitioner, Gagandeep Singh, son of Tejinder Singh, was also named as an accused along with various other persons such as Sukhbir Singh etc., with the carbon copy of the complaint shown to be carrying the signature of respondent no. 2. 4. Consequently, the said complainant-respondent no. 2 (Mangat Ram) had been directed to be present in Court today. 5. Today respondent no. 2 is present in Court and by way of identification has produced his voter card, issued by the Election Commission of India, on which the photograph is seen to be matching with the person who is present in Court. 6. On query by the Court, he submits that he had never actually named the petitioner, Gagandeep Singh, in the FIR in question. 7. That being so, without going further in this issue, this being the second time before two different courts that the said respondent has denied the involvement of the petitioner in the occurrence, the petition is allowed and FIR No. 173, dated 22.10.2017, registered at Police Station City Malout, District Sri Muktsar Sahib, alleging therein the commission of offences punishable under Sections 307/382/148/149 IPC, is hereby quashed qua the petitioner only, along with all proceedings emanating therefrom.