Dhanna Singh vs State of Punjab and anr.

K.P.S. Sandhu, J.

Dhanna Singh petitioner has filed this petitioner under section 482 Cr.P.C. read with ARticle 227 of the Constitution of India praying therein that the impugned Kalandra Annexure P1, Notice Annexure P2, Notice Annexure P2 and order Annexure P3, be quashed.

The facts which have rise to this petition are that as per the allegations contained in the Kalandra Annexure P1, the petitioner abused and threatened to kill Janak Singh in the presence of Jai Kishan HC who was holding an enquiry about the allegations contained in the application made by one Jatinder Singh. I agree with the contention of the learned counsel for the petitioner that from the allegations contained in the Kalandra a substantive offence against the petitioner is made out. In such a situation, on proceedings under sections 107/51 Cr.P.C. can be initiated against the petitioner. He should have been tried for a substantive offence. To support this contention Mr. Sullar has placed reliance on my earlier judgment reported as Ravinder Singh and others v. State of Punjab and other 1984(1) CLR, 652. I think this petition deserves to succeed on this short ground. Consequently I allow this petition and quash impugned Kalandra Annexure P1. Notice Annexure P2 and order Annexure P3, in consequence of the same.