2010(3) LAW HERALD (P&H) 2394
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
Crl.Misc.No.M- 3743 of 2009 (O&M)
Shamsher Singh & Ors.
v.
State of Punjab
{Decided on 13/05/2010}
Sabina, J.:- Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 390 dated 26.8.2008 (Annexure P-1), under Sections 465/ 467/ 477-A/ 199/ 200/ 182/ 120-B of the Indian Penal Code (‘IPC’ for short), registered at Police Station Sadar Patiala and all the subsequent proceedings arising therefrom.
2. The contents of the FIR (Annexure P-1) read as under:-
“It is respectfully submitted that a case FIR No.608 dated 22.12.2007 under Section 18 of the NDPS Act, 1985 was registered at P.S.Sadar, Patiala against the accused Yadwinder Singh @ Yaddu s/o Gurbachan Singh s/o Piara Singh caste Jat, r/o village Ibrahimpur, P.S.Julkan and Wasir s/o Noor r/o Rajgarh (MP) the investigation of which is with me. 15 kgs of opium was recovered from the accused Yadwinder Singh and Wasir above mentioned in the Accent Car No.HR-03-F-0433 accused Gurbachan Singh had escaped from the spot by taking advantage of the darkness. Challan was presented against Yadwinder Singh and Wasir on 10.5.2008 in the learned Court. Accused Gurbachan Singh s/o Piara Singh r/o village Ibrahimpur was declared a proclaimed offender on 23.5.2008 by the Court of Sh.S.S.Panesar, ACJM, Patiala. Challan against him has also been presented on 28.5.2008 in the Court. Accused Shamsher Singh s/o Gurbachan Singh s/o Piara Singh r/o village Ibrahimpur had submitted applications/representations dated 25.4.2008 and 4.6.2008 to the higher officers for enquiry to the effect that the police of P.S. Sadar, Patiala has lodged a case of opium against his father and brother on 22.12.2007. He had submitted that at that time his father who was said to have escaped from the spot was in fact admitted in the hospital at Tibbi, District Hanumangarh from 19.12.2007 on account of accident and is a patient of diabetes. This representation was enquired into by Sh.Bhupinderjit Singh Virk, PPS SP(D) Sangrur. In his enquiry report, he has written that on the scrutiny of the telephone record of the complaint from 19.12.007 to 23.12.2007 no STD call has been received from outside. Apart from this, from the statement of Dr.Munish Singhal MD SMO CHC Tibbi, presently posted at Surewal Hanumangarh, SP(D) Sangrur has found in his enquiry that the family members and relatives of Gurbachan Singh have connived with Dr.Munish Singhal and have fabricated the record regarding the admission of Gurbachan Singh in civil hospital Tibbi in FIR No.608 dated 22.12.2007 u/s 18 of the NDPS Act at P.S.Sadar, Patiala, in an attempt to grant him benefit for the same. During the enquiry, it has also been clarified that the facts submitted by the complainant have been found to be false. There is no truth in the representations. On the receipt of the enquiry report into the case, it has been found that Gurbachan Singh, in connivance with his son Shamsher Singh s/o Gurbachan Singh had got a false representation made and had produced the following witnesses, i.e. Shamsher Singh s/o Gurbachan Singh, Amrik Singh s/o Malook Singh, Sahib Singh s/o Darshan Singh, Pal Singh s/o Geja Singh r/o Ibrahimpur, Angrej Singh s/o Resham Singh and Amrik Singh s/o Hajara Singh, caste Jat, r/o Gharam, P.S.Julkan, District Patiala have given false statement in favour of Gurbachan Singh. It has been found that all of them, in connivance with each other and in connivance with Dr.Munish Singhal MD PHC Tibbi, presently posted at Surewal Hanumangarh, have wrongly shown him as admitted in the hospital. That all the above mentioned, in connivance with each other have prepared false documents to get him out of the above mentioned NDPS case, by showing him to be admitted in the hospital. Action is required under Sections 465, 467, 477, 477-A, 199, 200, 182, 120-B IPC. The same may be accepted and a case registered against the above mentioned and permission be granted to investigate the matter. The report is being submitted to you for necessary action.”
3. Learned counsel for the petitioners has submit
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