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5. At the same time, the SHO of Police Station City Yamuna Nagar prepared and filed a calendra (Annexure P2) to prosecute the petitioner- complainant under section 182 IPC in this regard.

6. The petitioner did not feel satisfied with the initiation of proceedings under section 182 IPC and preferred the present petition, challenging the impugned calendra (Annexure P-2) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C. That is how, I am seized of the matter.

9. Not only that, in the wake of criminal complaint (Annexure P4) filed by the petitioner and the accused respondents have been summoned by the Magistrate to face trial under sections 323, 324 and 506 read with section 34 IPC through the medium of summoning order (Annexure P5).

10. Such thus being the position on record, now the short and significant question, though important, that arises for determination in the present petition is, as to whether the proceedings under section 182 IPC against the petitioner are maintainable or not?

11. Having regard to the rival contentions of learned counsel for parties, to my mind, the answer must obviously be in the negative and the criminal prosecution under section 182 IPC cannot legally be initiated against the petitioner in this regard.

12. The bare perusal of the indicated report would reveal that the SHO has just ignored the oral as well as medical/documentary evidence with impunity, in a very casual manner and observed without any basis that the private respondents have been falsely implicated. To me, the Investigating Officer has exceeded his jurisdiction of investigation, as envisaged under Chapter XII of Cr.PC, which deals with the receipt of information by the police and their power to investigate a criminal case. Section 154 Cr.P.C. postulates that as soon as, the police officer received the information of a cognizable case, he has to reduce the same into writing, after obtaining the signatures of the complainant in token of its correctness.

18. In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of complaint (Annexure P4), the instant petition is hereby accepted. The initiation of proceedings under Section 182 IPC, vide report(Annexure P-2) and all subsequent proceedings arising thereto are hereby quashed, in the obtaining circumstances of the case.

19. Needless to state that, nothing observed here-in-above, would reflect, in any manner on merits of the main complaint case, as the same has been so recorded for a limited purpose of deciding the instant controversy under Section 182 IPC.