IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.49260 -M of 2007 DATE OF DECISION : FEBRUARY 18, 2010 LT. COL. S.S. SANDHU ....... PETITIONER(S) VERSUS HARBHAJAN SINGH AHLUWALIA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Pankaj Jain, Advocate, for the petitioner(s). Mr. Gagneshwar Walia, Advocate, for respondent. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, has been filed for quashing of complaint filed against the petitioner under Section 182, Indian Penal Code, before the Sub Divisional Judicial Magistrate, Kharar, at present pending before the Sub Divisional Judicial Magistrate, Mohali. Prayer is also for quashing of order dated 5.7.2006 whereby the petitioner has been summoned to stand trial for commission of offence punishable under Section 182, Indian Penal Code. It has been argued on behalf of the petitioner that as per the provisions of Section 195(1)(a), Code of Criminal Procedure, no court can take cognizance of any offence punishable under Sections 172 to 188, Criminal Misc. No.49260 -M of 2007 2 Indian Penal Code, except on a complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. The present complaint has been lodged by a complainant. On considering the material, the petitioner has even been summoned to stand trial for commission of offence punishable under Section 182, Indian Penal Code. Learned counsel for the respondent states that he cannot dispute the legal position. Considering the fact that the complaint could have been made only as per procedure provided under Section 195, Code of Criminal Procedure, and the same having not been done, the petition is allowed. The complaint and summoning order dated 5.7.2006 are quashed. February 18, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?