156 3 of the Code of Criminal Procedure.
26 M of 1980, in the High Court of Punjab and Haryana to quash the proceedings before the Magistrate.
The learned Magistrate to whom the companyplaint was submitted ordered an investigation by the police under Sec.
Appeal by Special Leave from the Judgment and Order dated 18 4 1980 of the Punjab and Haryana High Court in Crl.
Aggrieved by the issue of process, the appellant filed Criminal Miscellaneous Case No.
The learned Magistrate after perusing the report submitted by the police disagreed with the companyclusion of police, took companynizance of the case under Sections 448, 451 and 506 of the Indian Penal Code and directed the issue of process to the appellant.
687 of 1980.
The police after companypleting the investigation, submitted a report to the Magistrate under Sec.
173 of the Code of Criminal Procedure stating that the case against the appellant was number true and that it might be dropped.
26 M/1980.
The application was dismissed by the High Court and the appellant filed a petition for the grant of special leave to appeal against the order of the High Court.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Mrs. Shobha Dixit and M. N. Shroff for the Respondent.
The police arrived at the companyclusion that the case against the appellant was number true as their investigation revealed, according to them, that the appellant was at Amritsar with Shri Jai Singh, District Magistrate of Amritsar at 9 a.m. on August 11, 1979 and it was, therefore, impossible for him to have been at Chandigarh at 8 a.m. on August 11, 1979.
Bakshish Kaur was the widow of the brother of the appellant and the adoption made by Bakshish Kaur was number to the liking of the appellant.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. On August 13, 1979, Gurnam Singh a resident of Chandigarh submitted a companyplaint to the Judicial Magistrate 1st Class Chandigarh, alleging that the appellant S. Bains accompanied by two persons had companye to his house in a car on the morning of August 11, 1979, at about 8 a.m., tress passed into the house and threatened to kill him and his natural son if he did number take away his natural son Aman Deep Singh from the house of his sister Bakshish Kaur, who had taken the boy in adoption as she was issueless.
As August 11, 1979 and August 12, 1979 were holidays, he was able to file the companyplaint only on 13th August, 1979.
Mrs. Urmila Sirur for the Appellant.
The companyplainant raised a hue and cry.
We granted Special Leave and straightaway heard the appeal with the companysent of the parties.
It was alleged in the companyplaint that the appellant was armed with a revolver which he pointed at the companyplainant.
