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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(149) CRM-M-46738-2023 (O&M)

Date of decision: 18.05.2026

CHAND KUMAR @ CHAAND KUMAR ...PETITIONER

V/S

STATE OF PUNJAB ...RESPONDENT

CORAM: HON’BLE MR. JUSTICE SUBHAS MEHLA

PRESENT: Mr. Himanshu Puri, Advocate for

Mr. Sunny K. Singla, Advocate for the petitioner

Mr. Anup Singh, AAG, Punjab.

*****

SUBHAS MEHLA, J.

1. The present petition has been filed under Section 482 of CrPC

seeking quashing of Kalandra/ DDR No.32 dated 22.07.2022 under Section

182, IPC, PS Sri Chamkaur Sahib, District Rupnagar as well as impugned

order dated 08.08.2022 passed by Learned JMIC, Rupnagar, whereby

production warrant qua accused / petitioner was issued, along with all

subsequent consequential proceedings arising therefrom, being illegal and

abuse of process of law qua the present petitioner.

2. Learned counsel for the petitioner contended that the impugned

Kalandra and order dated 08.08.2022 passed by the learned JMIC, Rupnagar,

are an abuse of the process of law on account of violation of Section 195

Cr.P.C. It was further contended that the petitioner had filed a

complaint/representation before the SDO, Punjab State Power Supply

Corporation Ltd., Balachaur, District Nawanshahr, as well as before the

GEETA RANI

2026.05.29 19:20

I attest to the accuracy and authenticity of

this order/judgment

Punjab & Haryana High Court at

Chandigarh

CRM-M-46738-2023 (O&M) -2

Deputy Commissioner, Rupnagar. Learned counsel further submitted that the

petitioner’s wife, Asha Kiran, had also filed a representation before the SSP,

Rupnagar. However, allegedly, the complaint/representation filed by the

petitioner was found to be false. Consequently, a Kalandra under Section 182

IPC was submitted by the SHO, Police Station Sri Chamkaur Sahib before

the Learned JMIC, Abohar. Learned counsel further contended that the

Kalandra filed by SHO resulted in the abuse of process of law as Section 195

(1)(a)(i) of Cr.P.C. provides that the court cannot take cognizance of an

offence punishable under Sections 172 to 188 of IPC, unless there is a

complaint in writing by “the public servant concerned or of some other

public servant to whom he is administratively subordinate”. It was argued

that the impugned Kalandra ought to have been filed either by the officer

before whom the complaint/representation had been submitted, i.e. the SDO,

Punjab State Power Supply Corporation Ltd., Balachaur, District

Nawanshahr, or the Deputy Commissioner, Rupnagar, or by an officer to

whom such authorities were administratively subordinate. In the present

case, the SHO, Police Station Sri Chamkaur Sahib, was neither the concerned

public servant nor an officer falling within the ambit of Section 195(1)(a)(i)

Cr.P.C. Hence, on this ground, learned counsel sought quashing of

Kalandra/DDR No.32 dated 22.07.2022, as well as the impugned order dated

08.08.2022 passed by the learned JMIC, Rupnagar. Learned counsel also

placed reliance upon the decision of Hon’ble Supreme Court in PD Lakhani

Vs. State of Punjab, 2008(2) RCR(Crl.) 838 and judgement of this Court

inKritika @ Preeti Vs. State of Punjab, CRM-M-19175-2016, decided on

10.3.2023; Darshan Singh Vs. State of Punjab, CRM-M-11277-2019

GEETA RANI

2026.05.29 19:20

I attest to the accuracy and authenticity of

this order/judgment

Punjab & Haryana High Court at

Chandigarh

CRM-M-46738-2023 (O&M) -3

decided on 11.5.2023; Kulwinder Singh Vs. State of Punjab, 2008 (4)

RCR(Criminal) 418; Dr. Sham Lal Thukral Vs. State of Punjab, 2009(3)

RCR(Crl.)16;DS Rawat vs State of Punjab, 2007(2) RCR (Crl.) 199 and

Vinod Kumar Vs. State of Haryana, 1999(3)RCR(Crl.) 323.

3 Learned State counsel contended that although the

complaint/representation filed by the petitioner was found to be false,

however, fairly admitted that similar Kalandras have been quashed in cases

where the Kalandra was not filed by the competent authority.

4. Heard.

5. This Court has considered the submissions made by learned

counsel for the parties and perused the record.

6. The principal issue