Advocates:
Advocate Appeared:
For the Appellant :Mr. Inderjeet Singh, Advocate
For the Respondent: Mr. Sumit Jain, Addl. A.G., Haryana

JUDGMENT :

Deepak Gupta, J.

By way of this petition filed under Section 482 Cr.P.C., petitioner prays to quash challan dated 12.06.2017 (Annexure P-3) and charge-sheet 08.09.2017 (Annexure P-4), under Sections 199, 201, 203, 211, 182 of IPC and Section 27 (wrongly mentioned as Section 25) of the Arms Act, 1959 alongwith subsequent proceedings against the petitioner in case FIR No.58 dated 24.03.2017, registered at Police Station Radaur, Yamuna Nagar.

2. On perusal of the paper book, it emerges that on the complaint of one Dolly D/o Manjit Singh, FIR No.23 dated 23.03.2017 (copy Annexure P-2) under Sections 354-A(l), 354-B, 354-D and 506 of IPC was registered at Police Station Women Police Station, Yamuna Nagar against petitioner - Parveen Kumar regarding the alleged incident of 18.03.2017. On the other hand, FIR No.58 dated 24.03.2017 (Annexure P-1), pertaining to the present case, was registered on the statement of petitioner Parveen Kumar, under Sections 307, 341/34 of IPC and Section 25 of the Arms Act, at Police Station Radaur, District Yamuna Nagar, in which it was alleged by him that on 21.03.2017, two unidentified persons came on a bike and caused injuries by firing from a pistol on his right arm and fled.

3. During the investigation of FIR No.23 of 2017, petitioner was arrested on 02.05.2017 and on interrogation, he suffered disclosure statement, as per which as the parents of Dolly had gone to the police station and made a complaint against him and got registered a case against him, therefore, in order to save himself and to put pressure on the girl's side of the family, he had himself fired a gun shot on his own arm and that bullet had remained in his arm and he had thrown the country-made pistol in the pond.

4. In view of the aforesaid disclosure statement suffered by the petitioner during investigation of case FIR No.23 dated 23.03.2017, Sections 199, 201, 203, 182, 211 IPC and Section 27 of the Arms Act were added in case FIR No.58 dated 24.03.2017, and the offences under Sections 307, 341/34 of IPC and Section 25 of the Arms Act were deleted. Final report under Section 173 Cr.P.C. (challan) (Annexure P-3) was field against the petitioner, so as to prosecute him under Sections 182, 195, 203, 211 IPC and Section 25 of the Arms Act in case FIR No.58 of 24.03.2017, which was ironically registered on the complaint of petitioner himself. The Court of learned Addl. Sessions Judge, Yamuna Nagar, charge-sheeted the petitioner (Annexure P4) on 08.09.2017 under Sections 199, 201, 203, 211 and 182 of IPC, besides Section 27 of the Arms Act, to which he pleaded not guilty and claimed trial.

5.1 Challenging the aforesaid proceedings, i.e. challan filed against him and the charges frame against him in case FIR No.58 of 2017, it is contended by learned counsel that the police has adopted a novel way, totally contrary to the law, by charge sheeting the petitioner in the case, which was lodged on his own complaint, instead of filing any cancellation report, in case the allegations made therein were found to be false, so as to afford opportunity to the petitioner to file a protest petition. Learned counsel refers to "Minu Kumari and Anr v. State of Bihar and ors." 2006(3) R.C.R. (Criminal) 271.

5.2 Still further, it is contended that the cognizance for the offences under Sections 182, 199, 201 and 211 of IPC is barred except as per the procedure laid down in Section 195 Cr.P.C.

5.3 Besides, petitioner had already filed a private complaint (copy Annexure P-5) on 23.10.2017 with regard to the incident of firing upon him, as alleged in FIR No.58 of 24.03.2017, in which preliminary evidence has already been recorded and in view of the pendency of that private complaint, proceedings under Section 182 IPC cannot be lodged.

Reliance has been placed upon "Tarlochan Singh v. State of Punjab", 2007(3) RCR (Criminal) 791 and "Shobha Rani v. State of Haryana"(CRM-24770-M of 2008, decided on 09.04.2010).

5.4 Learned counsel has also placed on record copy