IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M- 5911 of 2008 Date of Decision:- 25.2.2009 Mrs. Bala Kapoor Versus State of Punjab & Anr. Present:- Mr. Naresh Parbhakar, Advocate, for the petitioner. Ms. Rajni Gupta, DAG, Punjab. Mr. J.S.Mehandiratta, Advocate, for the complainant. M.M.S.BEDI. (J) (Oral) Petitioner had filed a complaint Annexure P-1 against Narinder Kapoor and Sachin Kapoor, who are enimical towards the family of the petitioner. No FIR was registered on the basis of the complaint of the petitioner. Said complaint was allegedly found to be false on enquiry by the police. However, Narinder Kapoor submitted an application to S.S.P for initiating proceedings under Section 182 IPC against the petitioner. Allowing the said application, Kalandra under Section 182 of the IPC was filed against the petitioner before the Illaqa Magistrate. Learned counsel for the petitioner has contended that since complaint submitted by the petitioner reflected cognizable offence, the concerned S.H.O was required to make investigation but since no FIR was registered and the investigation cannot be considered to be a legal investigation, Kalandra under Section 182 Cr.P.C cannot be filed against the petitioner. In support of his contention counsel has relied upon the judgment in Malkiat Singh Vs. State of Haryana, 1999(2) RCR (Crl) 10. Investigation in this case conducted by the police without registration of FIR cannot be deemed to be an investigation as per Chapter-XII of the Crl. Misc. No. M- 5911 of 2008 -2- Criminal Procedure Code, thus the act of launching of criminal proceedings under Section 182 IPC against the petitioner is not appropriate. The matter is covered by the ratio of judgment in Malkiat Singh Vs. State of Haryana (Supra). The petition deserves to be allowed. Complaint filed against the petitioner under Section 182 IPC is not maintainable. Investigation made by the police officer and the subsequent proceedings are nothing but an abuse of process of the Court. Petition is allowed. Proceedings under Section 182 IPC initiated against the petitioner are hereby quashed. February 25, 2009 (M.M.S.Bedi) tripti Judge