Crl. Revision No. 2468 of 2008 {1} In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 2468 of 2008 Date of Decision:March 23, 2009 Sukhdev Raj ---Petitioner versus Tarlok Singh and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Rajeev K. Kapila,Advocate, for the petitioner None for respondents. *** SABINA, J. Petitioner-Sukhdev Raj has filed a complaint against respondents under Sections 192,193,196,465,342, 469,471,499 (Exp.iv) 500 and 182 read with Section 34 of the Indian Penal Code (hereinafter referred to as “IPC”) titled as 'Sukhdev Raj vs. Tarlok Singh and others'. Vide impugned order dated 22.8.2007 passed by Judicial Magistrate Ist Class, Hoshiarpur, the complaint filed by the petitioner was dismissed. Aggrieved by the same complainant-Sukhdev Raj has filed the present revision petition. The case of the complainant as noticed by the trial court in para 2 of its judgment is as under:- “Brief facts of the case of the complainant are that he is Crl. Revision No. 2468 of 2008 {2} compounder and is ad-dharmi by caste. All the accused are police officials posted at Police Station Garhshankar. On 16.7.2003 accused no. 4 along with ASI Lehmber Singh and C Mohinder Pal had arrested one Jeewan Kumar and taken him to Chowki Saila Khurd alleging him offender of darra stta against whom an FIR No. 112 dated 16.7.2003 under Section 13A of the Gambling Act was recorded. Many persons of village including the complainant went to the police post Saila Khurd to get released said Jeewan Kumar from the police. There accused No. 4 stated that actual culprit is Sukhdev Raj i.e. Complainant and he should also be implicate in another case for offence of darra satta and his signatures be also obtained on papers. At that time, accused Nos. 1 to 3 were also present at the police post. All the accused by exercising and misusing their powers forcibly made the complainant to put his signatures under the numbers written by Jeewan Kumar on a papers, which were used by all the accused for preparing a false criminal case under Section 13A of Gambling Act. The complainant was wrongfully confined at police post for about ¾ hours. Tara Chand and Bhajan Lal alongwith other persons present there, witnesses the complainant being in custody of accused for alleged offence of darra satta business. Accused had caused humiliation and harassment to him. Their act of implicating him falsely in case FIR No.114 dated 16.7.2003 under Section 13A of Gambling Act was intentional and mala fide. Accused No.1 to 3 acted only at the false information Crl. Revision No. 2468 of 2008 {3} given by accused no. 4. The respectable persons collected there and approached the SHO as well as DSP, Garhshankar but to no effect. The accused fabricated false evidence for preparation of case FIR No. 114 dated 16.7.02 and recorded false statements u/s 161 Cr.P.C. and also prepared documents and report under Section 173 Cr.P.C. Accused Nos. 1 to 3 also appeared and made false statements to procure conviction of complainant. By preparing false challan in the court and deposing falsely, the accused used forged documents and alleged articles of darra satta as genuine against the complainant to procure conviction. But, the complainant was acquitted on merits. The entire false proceedings launched by the accused against the complainant, directly and indirectly have lowered the moral and intellectual character of the complainant in the estimation of others and the public started looking down upon him with disgrace. The complainant used to command good respect in the eyes of general public and was known as a doctor. Due to the above said false and fabricated criminal case, the complainant has to incur a lot of money in contesting it and he attended as many as 25 dates of hearing in the court. He also spend money in arranging surety, witnesses and numberdar etc. he used to earn Rs. 400/- per day. Due to false case, the people lost faith in him and started casting imputations against him as stattebaz instead of doctor, Crl. Revision No. 2468 of 2008 {4} consequently, now he is jobless. Entire false litigation has lowered down his reputation in the eyes of general public and it also caused mental torture, humiliation and unnecessary harassment to him in addition to monetary loss. Since the accused misused their lawful power and office and their act was beyond the scope of discharge of official duty, sanction under section 197 Cr.P.C. is not required for prosecuting them as per law. Hence, the present complaint.” Learned counsel for the petitioner has submitted that respondents have falsely involved the petitioner in a case under Section 13A of the Gambling Act (for short “the Act”) in FIR No. 112 dated 16.7.2003. The petitioner was acquitted in the said case and hence the respondents were liable to be summoned by the trial court in the complaint filed by the petitioner. Learned trial court while dismissing the complaint has observed that FIR No. 112 dated 16.7.2003 under Section 13 A of the Act, was registered against the petitioner at police station Garhshankar. Challan was presented in the court and vide judgment dated 29.9.2005, petitioner was acquitted of the charge framed against him on the ground that no independent witness was joined by the police party and there were some discrepancies in the statement of prosecution witnesses. No finding has been given by the said court that the respondent had falsely involved the petitioner in the said case. Rather the petitioner was acquitted by giving him the benefit of doubt. In these circumstances, learned trial court has rightly held that no ground was made out for summoning of the accused. Crl. Revision No. 2468 of 2008 {5} The impugned order does not call for any interference as it does not suffer from any infirmity. Dismissed. (SABINA) JUDGE March 23, 2009 PARAMJIT