Criminal Misc. No.M-46751 of 2007(O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-46751 of 2007(O&M) Date of decision: 29.8.2011 Joginder Singh ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Dhirender Chopra, Advocate, for the petitioner. Mr.Vishal Munjal, Addl.A.G.Punjab. Mr.H.S.Tuli, Advocate for Mr.S.S.Rangi, Advocate, for respondent No.4. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of Calandra dated 21.12.2006 (Annexure P-12) and all the subsequent proceedings arising therefrom. The petitioner had moved an application that action be taken against Head Constable Kewal Singh as he had kept him in illegal confinement and against Jagtar Singh, Gurcharan Singh, Sadhu Singh and Happy Ashwani Kumar Sharma. The case of the petitioner was that on 3.10.2005 at about 4 p.m. when he had gone to his fields on a motorcycle he found that one Mulberry tree had been Criminal Misc. No.M-46751 of 2007(O&M) 2 cut. The petitioner came to know that it had been cut by Jagtar Singh @ Jagga Singh. Head Constable Kewal Singh and Head Constable Sham Lal came to the house of the petitioner and gave threats to him and abused him. When the petitioner inquired from them as to why they were threatening him, he was told by them that he had lodged a report against Jagtar Singh. The petitioner and his son were forcibly taken away by Head Constable Kewal Singh in a car to police post Sanaur. They were illegally detained and were released on the next day at 5 p.m. after getting the signatures of the petitioner on blank papers. On the application moved by the petitioner, the matter was got inquired into by the Punjab State Human Rights Commission (the Commission for short). Vide report dated 7.6.2006 (Annexure P- 5), it was reported that Head Constable Kewal Singh had acted with malafide intention and had illegally detained the petitioner and his son Rajwinder Singh. The matter was also inquired into by the Deputy Superintendent of Police (Rural), Patiala and vide report dated 23.12.2005 (Annexure P-11), it was held that the allegations levelled by the petitioner were false. Thereafter, calendra under Section 182 of the Indian Penal Code (IPC for short) was presented against the petitioner. Hence, the present petition. Learned counsel for the petitioner has submitted that the calandra in question was liable to be quashed as the allegations levelled by the petitioner were found to be correct by the Commission. The enquiry conducted by the police was not fair and report had been given in favour of the Head Constable Kewal Singh. Criminal Misc. No.M-46751 of 2007(O&M) 3 The petitioner and respondent No.4 had arrived at a compromise qua the dispute in question. Learned State counsel, on the other hand, has submitted that since the allegations levelled by the petitioner in the complaint were found to be false, proceedings under Section 182 IPC were liable to continue against him. Learned counsel for respondent No.4 has denied any knowledge qua the compromise between the parties and has averred that proceedings against the petitioner were liable to continue under Section 182 IPC as he had filed false complaint against respondent No.4. After hearing learned senior counsel for the parties, I am of the opinion that the present petition deserves to be allowed. The allegations levelled by the petitioner against Head Constable Kewal Singh and respondent No.4 were duly inquired into by the police and the Commission. Vide inquiry report dated 7.6.2006 (Annexure P-5), it was reported by the Enquiry Officer of the Commission that the allegations levelled against Head Constable Kewal Singh were correct. Head Constable Kewal Singh had acted with malafide intention and had detained the petitioner and his son illegally. On the basis of the said report, the Commission held as under:- “Under the circumstances, therefore, we accept the report of IGP of the Commission and are inclined to make the following recommendations:- (1) that Head Constable Kewal Singh No.1265 (PTA) be proceeded departmentally at the level of Criminal Misc. No.M-46751 of 2007(O&M) 4 competent authority; and (2) that interim relief of ` 5,000/- each be sanctioned and disbursed in favour of the complainant and his son Rajwinder Singh. It is, however, for the government to consider whether they would like to recover the said amount from Head Constable Kewal Singh. The Commission shall also like to have Action Taken Report from the Government by 28.3.2007 when the matter shall again come up before the Commission. A copy of this order along with copy of the complaint and copy of the report dated 8.6.2006 received from IGP of the Commission be sent forthwith by special messenger to the Principal Secretary Home and ADGP/IVC-cum-Human Rights.” During the course of arguments, it has transpired that the interim relief, as allowed by the Commission, has been received by the petitioner and his son. The Deputy Superintendent of Police, (Rural) Patiala, vide his report dated 23.12.2005 (Annexure P-11), submitted that false allegations had been levelled against the police by the petitioner. Since in the present case, the allegations levelled by the petitioner against Head Constable Kewal Singh were found to be correct by the Commission, it would be just and expedient to quash the proceedings initiated against the petitioner under Section 182 IPC. The order passed by the Commission has Criminal Misc. No.M-46751 of 2007(O&M) 5 been complied with to the extent that the interim relief of ` 5,000/- each, allowed to the petitioner and his son, has since been disbursed to him. Accordingly, the present petition is allowed. Calandra dated 21.12.2006 (Annexure P-12) and all the subsequent proceedings arising therefrom, are quashed. (SABINA) JUDGE August 29, 2011 anita