Crl. Misc. No. M-227of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. M-227of 2011 (O&M) Date of Decision : 05.01.2011 Sandhura Singh .......... petitioner Versus Indu Malhotra, PCS ...... Respondent CORAM : HON'BLE Ms. JUSTICE RITU BAHRI Present : Mr. A.S. Jattana, Advocate for the petitioner. **** RITU BAHRI, J. This criminal Miscellaneous petition under Section 482 Cr.P.C. has been filed seeking quashing the order dated 2.11.2010, passed by the learned Sessions Judge, Mansa, vide which the revision petition preferred by the respondent against her summoning has been allowed. Brief facts of the complaint are that Sandhura Singh filed an application being a good citizen on 23.4.2001 to the Ministry Home Govt. of India to the effect that Dalip Singh alleging himself as freedom fighter is drawing pension from the Punjab Government, whereas he has not participated in the war of independence nor he remained in jail as a freedom fighter. An enquiry was conducted by accused No.1 and false Crl. Misc. No. M-227of 2011 -2- report was sent to the Deputy Commissioner, Mansa, thereby suggesting to take action against the complainant instead of accused. The Deputy Commissioner vide his letter dated 10.1.2000 written to SSP, Mansa for taking action against the complainant on the basis of false report submitted by accused No.1. A complaint was lodged under Section 195 Cr.P.C. against the complainant, on the basis of which DDR No. 48 dated 10.3.2002 under Section 182 IPC was registered and challan against the complainant was presented in the Court of learned Chief Judicial Magistrate, Mansa. On 21.6.2004, the Government scrutinized its record and declared that accused No.2 was not a freedom fighter and the application moved by the complainant was found to be correct. During the pendency of aforesaid case, the Govt. Pleader moved an application dated 24.9.2005 for closing the proceedings against the accused. On 5.11.2005 accused was acquitted. Thereafter the complainant issued a notice to accused No.1 but she did not reply. The complainant also requested the police to take action and to register case against the culprits, but the police did not take any action and he prayed for summoning the accused under Sections 166, 167, 193, 194, 218, 500, 501, 420, 120-B IPC. Vide order dated 15.12.2008, the learned Chief Judicial Magistrate, Mansa summoned the accused for the offences mentioned above. Appeal filed by the respondent before the learned Crl. Misc. No. M-227of 2011 -3- Sessions Judge has been allowed and the summoning order has been set aside. Learned counsel for the petitioner has challenged the order and argued that due to wrong report submitted by accused / respondent he was dragged into criminal litigation. Though, lateron he was acquitted. He further argued that the respondent submitted a wrong report to help accused No.2, who had been receiving pension of freedom fighter by misrepresentation. The Government after scrutinizing the record had cancelled the pension. In view of the undisputed facts, accused/ respondent should have been summoned to face trial. Reliance has been placed on the judgment of the Hon'ble Gauhati High Court in the case of Dilip Kumar Saikia v. State 1999 Cri.L.J. 3543 Gauhati High Court. Heard learned counsel for the petitioner and have gone through the record. I am of the considered view that the order dated 2.11.2010, passed by the learned lower appellate Court, is liable to be upheld, in view of the settled principle of law that it is mandatory to seek the sanction of the Government to prosecute a public servant regarding the act done by him or her while discharging of his / her official duty. Reference in this regard is made to Basant Lal Vs. Sumedha Kataria Administrator and another, 2009 (1) RCR (Criminal) 440 (P&H), Gian Parkash Vs. State of Haryana, 2008(3) RCR (Criminal) 31 (P&H), Rakesh Kumar Mishra vs. State of Bihar and others, 2006(1) RCR (Criminal) 456 (SC) and State of Crl. Misc. No. M-227of 2011 -4- Madhya Pradesh vs. Sheetla Sahai & Ors. 2009(3) RCR(Criminal) 835 (SC). Criminal Miscellaneous is dismissed with no order as to costs. 05.01.2011 (RITU BAHRI) 'sp' JUDGE