JUDGEMENT
AMAR BIR SINGH GILL, J. -
(1.)THE petitioner by way of this petition has invoked inherent jurisdiction of this Court under Section 482 Cr.P.C. read with Article 226 of the Constitution for quashing the Calandar as complaint No. 105 of 5.7.1993 pending in the Court of Judicial Magistrate Ist Class, Sangrur and the consequential proceedings thereon.
(2.)THE grievance of the petitioner is that at the instance of respondents No. 2 and 3 respondent No. 3-ASI Karnail Singh, in order to harass and grab his property and to defame and torture him got recorded report No. 28 dated 9.6.1993 under section 494 IPC against the petitioner which humiliated him and without any just cause, respondent No. 3 forwarded the Calendar for an offence under Section 494 IPC against the petitioner to the District Magistrate, Sangrur. Even according to Calendar, no cognizable offence was made out against the petitioner nor could the police arrest him nor he could be prosecuted. Since the allegations attracted Sections 494 and 495 of non-cognizable offence, neither the police could investigate the case nor arrest him. Notice to the respondents was issued.
Since the counsel for the petitioner has not appeared, I have heard counsel for this State.
(3.)ADMITTEDLY , as mentioned in para 9 of the petition, complaint No. 105 of 5.7.1993 was lodged by one Sinder Kaur against the present petitioner which was entered as report No. 28, dated 9.6.1993 under Section 494 IPC. Sinder Kaur alleged that 10 years earlier she was married with one Surjit Singh, resident of Lehra but due to some differences, she got divorce from him. After one year of divorce, she again married to the present petitioner. However, from both the marriages, she got no issue. Now about one year back, the present petitioner has married a Bihari girl named Sito and he has turned her out of the house forcibly. On this complaint alone, respondent No. 3-ASI Karnail Singh along with his police party raided the house of the petitioner and he was arrested under Section 494 IPC besides personal search was conducted and on its basis a complaint was forwarded to the Ilaqa Magistrate.
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