Mr. Jitendra Chauhan, J.: - This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of Calandra (Annexure P-1) under Section 182 IPC dated 23.10.2012 and summoning order dated 16.02.2013 and all consequent proceedings arising therefrom.

2. The admitted facts are that the petitioner got registered an FIR bearing No.293 dated 02.12.2007 under Sections 447, 511 and 34 IPC at Police Station Sadar Phagwara, District Kapurthala. The contents of the said FIR are as under:-

“To the SHO Sahib, Police Station Sadar Phagwara, District Kapurthala, subject: Trespassing of the land, Sir it is requested that I Dharam Pal son of Shri Sadhu Ram caste Adharmi resident of Village Bhano Ki, Police Station Sadar, Phagwara District Kapurthala, I am an agriculturist by possession. I have land in Village Kirpalpur of whose I am owner of the land in possession in Khasra No.41 and 172/42, Phagwara, on the southern side of Phagwara Road, yesterday on 01.12.2007 at around 10 in the morning I went to see my land, I saw that on the land the chara Pathe I have sown are being cut by Parkash Kaur widow of Karnail Singh resident of Kirpalpur, Bhupinder Singh Chakiwala son of Harbans Singh resident of Kirpalpur and Gulshan son of not known who were trying to steal the same. In my land they along with other 5/6 persons had thrown one trolley of soil and 2/3 trolley of bricks on my land with the intention of illegal possession. On seeing me the above stated persons ran away. Kindly take legal action. Yours Dharam Pal.”

3. Learned counsel for the petitioner contends that after investigation, a cancellation report was prepared on 01.08.2008 and the same was presented before the learned Judicial Magistrate Ist Class, Phagwara, which was objected to by the petitioner and the same was sent for re-investigation by the learned Judicial Magistrate Ist Class, Phagwara. The police again after re-investigation have re-filed the cancellation report dated 11.10.2008, before the learned Judicial Magistrate Ist Class, Phagwara. After perusing the said cancellation report, the learned Judicial Magistrate Ist Class, Phagwara found that no purpose would be served by getting the said cancellation report re- investigated. Learned counsel for the petitioner further contends that in the investigation reports, repeatedly the police is mentioning Khasra No.130/29 in spite of Khasra No.41 and 172/42 and the police officers had been investigating the other piece of land. He further submits that in view of the complaint filed by the petitioner as well as the summoning orders (Annexure P-6) dated 04.03.2014 passed by learned Judicial Magistrate Ist Class, Phagwara, the earlier summoning orders dated 16.02.2013 as well as Calandra dated 23.10.2012 (Annexure P-1) should be quashed in the interest of justice.

4. On the other hand, learned State Counsel submits that after registration of the FIR, an applications No.1420/SPC dated 23.05.2008, 3846/SPC dated 03.12.2007, 2944/SPC dated 18.12.2007, were filed by Parkash Kaur and others regarding their false implication in FIR No.293 dated 02.12.2007, which was registered by the petitioner. On this, a thorough and fair enquiry was conducted by S.P. (D), Kapurthala, after vising the spot and he submitted his enquiry report concluding that the petitioner has got registered false FIR for taking forcible possession of the pot in dispute which was in possession of accused, namely, Parkash Kaur, Bhupinder Singh and Gulshan Kumar and thereafter, the cancellation report was filed before the learned Judicial Magistrate Ist Class, Phagwara. Vide order dated 16.02.2013, the learned Judicial Magistrate Ist Class, Phagwara, summoned the petitioner in the said Calandra after coming to the conclusion that the petitioner has got registered false FIR and thus, liable to be punished under Section 182 IPC.

5. I have heard the learned counsel for the parties and have gone through the record with their able assistance.

6. In