MOHAMMED ABDUL MANNAN S/O MOHAMMED SAFAN ALI Vs. STATE BY ROBORTSONPET, REP. BY THE STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) IN this petition filed under Section 482 Code of Criminal Procedure, the Petitioner has sought for quashing the FIR registered by Robertson pet Police Station., KGF, in Crime No. 148/2010. On the basis of the complaint lodged by Special Tahsildar, KGF. on 08.11.2010, Robertson pet police have registered the said case against the Petitioner herein for the offences punishable under Sections 177 and 420 of IPC inter alia alleging that, by furnishing false and incorrect information that he had been residing in the address furnished by him for about 26 years, the Petitioner obtained the residential certificate and thereafter on verification, it was found that the information furnished by the Petitioner with regard to his residing in the said address for about 26 years was found to be false and incorrect and that the Petitioner furnished such false information to obtain a residential certificate to produce the same before the passport authorities to secure passport and thereby he has committed the aforesaid offences. It is submitted that the police after investigation have filed charge sheet and the jurisdictional Magistrate has taken cognizance and the Petitioner -accused is appearing before the learned Magistrate. It is submitted that the Petitioner has not furnished any false information and that there was a typographical error in the application filed by him in the sense, instead of furnishing his age as 26 years, it has been stated that he was residing in the address for about 26 years and that the authorities before issuing the residential certificate ought to have verified the information furnished before them and that the Petitioner has not deliberately furnished any false information, as such, there are no grounds to proceed with the case against the Petitioner. All these contentions are in the nature of defense that can be pleaded by him before the trial Court, in the event of the trial Court choosing to frame charge against him. A Public Authority having found that the information furnished by the Petitioner was false and incorrect. lodged the complaint. The jurisdictional police have investigated into the allegations made in the complaint and have found prima facie materials to file the charge sheet against the Petitioner. The learned Magistrate appears to have already taken cognizance of the offences alleged. If the Petitioner -accused has a valid defense he has to make good all those pleas before the trial Magistrate, and even he could seek his discharge. Therefore, having regard to the facts and circumstances of the case, I do not find any grounds warranting exercise of jurisdiction under Section 482 of Code of Criminal Procedure to quash the prosecution launched against the Petitioner. Therefore, the petition is rejected.