Rameshwar Singh Malik, J.:-

1. Present one is yet another glaring example of blatant misuse of powers by the police authorities of the respondent-State of Punjab, which forced the petitioner to approach this Court by way of instant petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), for seeking quashing of the impugned FIR No. 343 dated 3.10.2011 registered under Section 406 of the Indian Penal Code ('IPC' for short) at Police Station, Civil Lines, Amritsar.

Facts first:--

"(a) Petitioner, who was serving as Pharmacist in the Health Department of the respondent-State of Punjab, took a loan of Rs. 2 lacs from Andhra Bank on 7.5.2003 for the purpose of investment. Accordingly, he purchased 250 shares from Dr. Brij Bhushan Goel-respondent No. 2/complainant, on 24.10.2003 against cash payment and later on said Dr. B.B. Goel-respondent No. 2 sold another lot of 225 shares to the petitioner against the cash payment. At the time of purchase of these 475 shares, their total market value was about Rs. 2.75 lacs. After the purchase, these 475 shares were demated in the account of the petitioner.

(b) Respondent No. 2-complainant was a senior officer of the petitioner as both of them were working in the Health Department of the respondent-State of Punjab. Respondent No. 2 was a Class-I officer and the petitioner was a Class-III employee. It is further pleaded case of the petitioner that respondent No. 2-complainant allured the petitioner for purchasing the above-said 475 shares from him saying that in the share market, one can earn lot of profits within a short span of time. After purchase of the above-said 475 shares, petitioner sold the same to third party and reinvested the said amount in other shares on the advice of respondent No. 2. Respondent No. 2 retired from government service in the year 2007. Thereafter, petitioner and respondent No. 2 remained in touch with each other as both were residing in the same locality.

(c) However, petitioner was taken aback when he was called by Shri. Gurdev Singh, in charge, Economic Offence Wing, Amritsar (‘EO Wing, Amritsar') in the month of November 2009. Petitioner was informed that respondent No. 2 has filed a written complaint against him, alleging that petitioner had not paid any amount for 475 shares of Reliance Company and 50 shares of Swaraj Mazda Company, which were sold to the petitioner by the complainant in the month of October 2003. During the course of enquiry, petitioner and respondent No. 2 were summoned by the in charge, EO Wing, Amritsar. A detailed enquiry was conducted. The enquiry officer submitted his report and specifically mentioned therein that no offence against the petitioner was made out. The complaint was filed on 7.2.2010, vide report (Annexure P-1). The enquiry officer concluded that since matter relates to transaction of money by transferring of shares, as such, no offence was made out. In this regard, respondent No. 2-complainant was asked to file his case in the court. Petitioner has further pleaded in para 5 of the petition and the averments taken in para 5 of the petition have gone unrebutted to the effect that respondent No. 2-complainant filed two more frivolous complaints with the same fabricated facts before Police Station, Sarhali, District Tarn Taran and Police Station Chola Sahib, District Tarn Taran. However, both the complaints were not entertained by the respective police stations and were referred to Economic Wing, Amritsar.

(d) After sometime, complainant-respondent No. 2 moved another identical complaint before the EO Wing, Amritsar. The matter was again enquired into by the in charge, EO Wing, Amritsar. It was observed by the Enquiry Officer that since matter relates to money transaction of shares, no criminal offence was made out. It was also observed that the complainant was repeatedly moving unnecessary complaints against Manoj Kumar-petitioner herein, which was absolutely wrong. The complainant was again asked to file

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