IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No.36006 of 2011 (O&M) Date of Decision: November 29, 2011 Prem Singh ...Petitioner Versus Balwan Singh ...Respondent CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.J.P.Dhull, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner seeks quashing of the complaint dated 25.8.2006 and the summoning order dated 13.5.2010 passed by Addl.Chief Judicial Magistrate, Kaithal. The petitioner stands summoned to face trial for offences punishable under Sections 323 and 342 IPC. The petitioner claims that this is illegal, arbitrary and unjust. It is alleged that the respondent had filed a false complaint alleging that complainant and his brother Om Parkash, who is employed as ASI in the Haryana Police, had a monetary dispute. On 16.8.2006, the SHO, Police Station, Kalayat has summoned the complainant when he and his brother Balbir had gone to Police Station, Kalayat on 17.8.2006 alongwith many other persons. There the petitioner had pressurised the complainant to compromise the dispute and SHO had demanded `1,000/- as bribe. On refusal of the complainant, the petitioner allegedly beat him and illegally detained him for several hours. He, however, was later released. The complainant thereafter got himself medically examined at General Hospital, Kaithal and reported the matter to the Superintendent of Criminal Misc.-M No.36006 of 2011 (O&M) : 2 : Police. Still, no action is taken. He had accordingly filed this complaint. On the basis of evidence led, the petitioner has already been summoned. There is a clear cut evidence available on record for which the petitioner has been summoned. The petitioner has simply approached this court on the ground that the allegations are false. The falsity or frivolous nature of allegations is required to be established before a court on the basis of evidence. Invoking jurisdiction under Section 482 Cr.P.C. on the basis of an affidavit in a petition is not appropriate. In this regard, the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Awadh Kishore Gupta & others, 2004(1) RCR (Criminal) 233 has clearly held that quashing in such like cases on the basis of affidavit filed cannot be directed. No case for interference, therefore, is made out. Dismissed. November 29, 2011 ( RANJIT SINGH ) ramesh JUDGE