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P.D. Lakhani & Anr vs State Of Punjab & Anr on 22 April, 2008

In P.D. Lakhani's case (supra) the Hon'ble Apex Court, while discussing the applicability of Section 195 Cr.P.C. has categorically held that in a case where the criminal complaint is made to the Superintendent of Police who sent the same to the SHO and the SHO found the complaint to be false and filed a complaint under Section 182 IPC before the magistrate against the complainant, in such a circumstance the said complaint is liable to be dismissed as no complaint could be lodged by the SHO. It has been held therein that under Section 195 Cr.P.C. the complaint could be filed either by the Superintendent of Police or an officer superior to him and not by an inferior officer.
Supreme Court of India Cites 7 - Cited by 50 - S B Sinha - Full Document

Baljinder Kaur vs State Of Punjab on 19 November, 2014

In support of his contention counsel for the petitioner has referred to the judgments cited as P.D. Lakhani & Anr Vs. State of Punjab & Another 2008(2) RCR (Criminal) 838; Dr. Sham Lal Thukral Vs. State of Punjab 2009(3) RCR Criminal 168; CRM-M-9195 of 2008, titled as Balwinder Kaur vs. State of Punjab and Ors, Law Finder Doc Id#362787; CRM-M-19175 of 2016 titled as Kritika @ Preeti vs. State of Punjab; CRM-M-11277 of 2019 titled as Darshan Singh vs. State of Punjab; and CRM-M-15976 of 2021 titled as Inderjit Dhamija vs. State of Haryana.
Supreme Court of India Cites 7 - Cited by 60 - R Banumathi - Full Document

Kritika @ Preeti vs State Of Punjab on 10 March, 2023

In support of his contention counsel for the petitioner has referred to the judgments cited as P.D. Lakhani & Anr Vs. State of Punjab & Another 2008(2) RCR (Criminal) 838; Dr. Sham Lal Thukral Vs. State of Punjab 2009(3) RCR Criminal 168; CRM-M-9195 of 2008, titled as Balwinder Kaur vs. State of Punjab and Ors, Law Finder Doc Id#362787; CRM-M-19175 of 2016 titled as Kritika @ Preeti vs. State of Punjab; CRM-M-11277 of 2019 titled as Darshan Singh vs. State of Punjab; and CRM-M-15976 of 2021 titled as Inderjit Dhamija vs. State of Haryana.
Punjab-Haryana High Court Cites 10 - Cited by 1 - J S Bedi - Full Document

Darshan Singh vs State Of Punjab & Anr on 15 January, 2010

In support of his contention counsel for the petitioner has referred to the judgments cited as P.D. Lakhani & Anr Vs. State of Punjab & Another 2008(2) RCR (Criminal) 838; Dr. Sham Lal Thukral Vs. State of Punjab 2009(3) RCR Criminal 168; CRM-M-9195 of 2008, titled as Balwinder Kaur vs. State of Punjab and Ors, Law Finder Doc Id#362787; CRM-M-19175 of 2016 titled as Kritika @ Preeti vs. State of Punjab; CRM-M-11277 of 2019 titled as Darshan Singh vs. State of Punjab; and CRM-M-15976 of 2021 titled as Inderjit Dhamija vs. State of Haryana.
Supreme Court of India Cites 24 - Cited by 228 - D Bhandari - Full Document

Inderjit Dhamija And Another vs State Of Haryana And Another on 1 October, 2020

In support of his contention counsel for the petitioner has referred to the judgments cited as P.D. Lakhani & Anr Vs. State of Punjab & Another 2008(2) RCR (Criminal) 838; Dr. Sham Lal Thukral Vs. State of Punjab 2009(3) RCR Criminal 168; CRM-M-9195 of 2008, titled as Balwinder Kaur vs. State of Punjab and Ors, Law Finder Doc Id#362787; CRM-M-19175 of 2016 titled as Kritika @ Preeti vs. State of Punjab; CRM-M-11277 of 2019 titled as Darshan Singh vs. State of Punjab; and CRM-M-15976 of 2021 titled as Inderjit Dhamija vs. State of Haryana.
Punjab-Haryana High Court Cites 42 - Cited by 2 - Full Document

Dr. Shyam Lal Thukral vs State Of Punjab And Others on 31 October, 2013

13. Applying the principles laid down in the judgments supra to the facts and circumstances of the present case, admittedly, in the present case the complaint was preferred by the petitioner to the Senior Superintendent of Police Jalandhar (Rural) which was entrusted to SP, Detective, Jalandhar (Rural) who inquired into the same and found the complaint to be false. Thereafter, the SHO PS Lambra, Jalandhar (Rural) has lodged the impugned Kalendra under Section 182 IPC before the Magistrate. In these circumstances, the impugned Kalendra/complaint was neither filed by the officer before whom it was preferred nor by the officer administratively superior to him, so, the Kalendra/complaint itself is not maintainable being a clear violation of the provisions contained in Section 195 Cr.P.C. The Senior Superintendent of Police or any officer superior to him could have filed the Kalendra under Section 182 IPC. So, continuation of proceedings on such Kalendra/complaint is sheer abuse of process of law and cannot be allowed to be continued being unsustainable in the eyes of law.
Punjab-Haryana High Court Cites 6 - Cited by 6 - R S Malik - Full Document
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