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2023 Supreme(P&H) 1223

ARUN MONGA
Laxmi Narain Sharma – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Saurabh Dalal, Advocate for petitioner.
Mr. Vikas Bhardwaj, AAG Haryana.

ARUN MONGA, J.

CRM-8873-2022

For the reasons stated in application, same is allowed subject to all just exceptions.

Main case (O&M)

Accused-Laxmi Narain Sharma (petitioner) has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) for quashing impugned Kalandra dated 07.09.2015, under Sections 182 Cr.P.C. bearing No.CRM-90-2015 dated 08.09.2015 pending before learned Judicial Magistrate Ist Class, Rohtak and consequential proceedings arising therefrom.

2. According to prosecution version, petitioner filed complaints before the Superintendent of Police, Rohtak leveling various allegations against several persons including Police also. The inquiry was marked to various officers including SHO and the DSP. The complaint made by the petitioner was found to be false. On 03.04.2015, the then Inspector General of Police, Rohtak ordered the Superintendent of Police, Rohtak to take action against the petitioner under Section 182 IPC. Accordingly, the impugned Kalandra Annexure P-1 has been filed by SHO, Sampla.

3. Learned counsel for the petitioner contends that in view of Section 195 (1)(a) Cr.P.C., Kalandra under Section 182 IPC could be institu

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