Sanjeev Kumar & Ors. V/s State Of Punjab & Anr.

Information Type: Judicial Information
Court: High Court
High Court Name: High Court of Punjab and Haryana, Chandigarh
Date of Judgment(s): 2008-02-15
Case No: 4186-M of 2008
Case Type: CM(M)
Judge Name: Vinod K.Sharma
Subject: Criminal Law
Statutes / Acts: Code of Criminal Procedure (CrPC)
Section: 482
Bench Strength: Single Bench
Advocate: Parminder Singh (P)
Case Note / Description :

For quashing, the allegations made in the complaint have to be taken on their face value and the defence of the petitioners cannot be looked into in a petition under section 482 Cr.P.C. Serious allegations have been made in the complaint and the complainant has supported her allegations in preliminary evidence. Proceedings as well as summoning order and subsequent proceedings on the plea that earlier to the filing of complaint on the same allegations FIR was registered in which three inquiries were held by the police officials and the allegations were found to be incorrect and cancellation report was submitted. It is the case of the petitioner that even recommendations were made for initiation of proceedings under section 182 IPC against the complainant. It is further contended that para No.5 of the complaint referred to above shows that there were some injuries caused to the prosecutrix in the present case. However, said allegations do not find support in the medico legal report as no injury is shown in the said case. It is also the case of the petitioners that such allegations can be made against any body and in the present case allegations have been made on behalf of Sahab Ram with whom the petitioners have civil litigations.

 
 
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