Crl. Misc. No.M-11989 of 2011 (O&M) Sham Singh Vs. State of Punjab Present : Mr. Gurcharan Dass, Advocate for the petitioner. Mr. S.S. Gill, D.A.G., Punjab. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.12 dated 01.04.2011 registered under Sections 353, 186 IPC at Police Station City Samana, District Patiala. On 30.05.2011 the following order was passed:- “On 25.04.2011, the following contentions were noticed:- “Learned counsel has argued that FIR cannot be lodged for the offence under Sections 353 and 186 IPC but only complaint can be lodged. He has further argued that this allegation has cropped up since the petitioner had filed an application under Order 39 Rule 2-A CPC against the concerned Naib Tehsildar prior to the lodging of this FIR.” Counsel for the petitioner has relied upon Ram Kumar vs. The State of Haryana, 1998(1) CLR 633 and Nirbhai Singh vs. State of Punjab and others 2009(4) RCR (Crl) 614. Counsel for the respondent seeks a short adjournment to go through these judgments and to see if there is any contrary view. Adjourned to 28.07.2011” Crl. Misc. No.M-11989 of 2011 (O&M) -2- Learned Deputy Advocate General after going through the said judgments has stated that the position in law is indeed that only the complaint can be lodged and not an FIR. In the circumstances, I deem it appropriate to grant the concession of anticipatory bail to the petitioner. Ordered accordingly. In the event of arrest of the petitioner, he shall be released on bail to the satisfaction of Investigating Officer subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) July 28, 2011 JUDGE ashish