The requirement for a complaint under Section 182 IPC to be filed by the appropriate authority as per Section 195 Cr.P.C is essential to avoid abuse of process of law.

SANJIV BERRY, J.

The instant petition has been preferred under Section 482 of the Code of Criminal Procedure seeking quashing of Kalandra/DDE No.38 dated 20.09.2021 under Section 182 IPC(CHI/1407/2021, dated 22.10.2021) registered at Police Station City Yamuna Nagar, District Yamuna Nagar (Annexure P-1) and all other proceedings emanating therefrom.

2. Briefly, the facts of the case are that a Kalandra under Section 182 IPC dated 20.09.2021 (Annexure P-1) was presented against the petitioner on the allegations that complaint No.8184 dated 17.08.2021 (Annexure P-4) was filed by the petitioner against Nitin Kapur S/o Raj Kapur, resident of Chota Model Town, District Yamuna Nagar wherein he alleged that on 12.08.2021 at around 12:34 P.M. the accused had called on the mobile phone of the petitioner proclaiming him to be District Vice President of BJP, Yamuna Nagar, asking him as to how the petitioner and other farmers had raised slogans against him and his party. It is relied that during conversation, said Nitin Kapur had used filthy and threatening language against the petitioner, as such the complaint was moved to the Superintendent of Police, Yamuna Nagar for taking action as per law. During inquiry of the same by DSP Yamuna Nagar, it was found that the complaint is false and in this regard the DSP Yamuna Nagar submitted his report dated 26.08.2021 (Annexure P-3), which was duly seen by Superintendent of Police, Yamuna Nagar on 01.09.2021. Thereafter, Kalandra /DDE No.38 dated 20.09.2021 (Annexure P-1) under Section 182 IPC was presented by the SHO PS City, Yamuna Nagar against the petitioner, which has been challenged by the petitioner by way of present petition under Section 482 Cr.P.C.

3. On issuance of notice of motion, petition has been contested by the State.

4. Arguments heard.

5. It is contended by learned counsel for the petitioner that the petitioner had preferred a lawful complaint to Superintendent of Police, Yamuna Nagar (Annexure P-4) which was inquired by DSP, Yamuna Nagar and was reported to be false and thereafter the Kalandra/DDE No.38 dated 20.09.2021 under Section 182 IPC was moved by the SHO Police Station City, Yamuna Nagar against the petitioner. He submits that as per Section 195 Cr.P.C this Kalandra could have either been filed by Superintendent of Police, Yamuna Nagar to whom the complaint was preferred or his superior officer. He submits that the impugned Kalandra is nothing but abuse of process of law, which is not sustainable in the eyes of law and as such the same is liable to be set aside. In support of his contention counsel for the petitioner has referred to the judgments cited as P.D. Lakhani & Anr Vs. State of Punjab & Another 2008(2) RCR (Criminal) 838; Dr. Sham Lal Thukral Vs. State of Punjab 2009(3) RCR Criminal 168; CRM-M-9195 of 2008, titled as Balwinder Kaur vs. State of Punjab and Ors, Law Finder Doc Id#362787; CRM-M-19175 of 2016 titled as Kritika @ Preeti vs. State of Punjab; CRM-M-11277 of 2019 titled as Darshan Singh vs. State of Punjab; and CRM-M-15976 of 2021 titled as Inderjit Dhamija vs. State of Haryana.

6. Per contra, learned counsel for the State has argued that the impugned Kalandra has been initiated against the petitioner under Section 182 IPC for supplying wrong information to the Police. He submits that false and baseless allegations had been levelled by the complainant, which on inquiry found to be false and the Kalandra had been filed by the SHO under directions of the superior officers, as such there is no merit in the petition and the same deserves to be dismissed.

7. After considering the rival contentions and perusing the judgments referred in the light of the facts and circumstances of the present case, it transpires that the factum of the petitioner initiated the complaint (Annexure P-4) to Superintendent of Police, Yamuna Nagar on 17.08.2021 is concerned, the same is not disputed. It is also admitted fact that on inquiry there in, the DSP, Yamuna Nagar had found compla