RAHUL YADAV Vs. STATE & ANR

JUDGEMENT

(1.) Petitioner by the present petition seeks quashing of FIR No.310/2015 under Sections 195A/506/34 IPC registered at PS Najafgarh, Delhi on the complaint of respondent No.2 herein.

(2.) Contents of FIR No. 310/2015 are as under:

(3.) Contention of learned counsel for the petitioner is two-fold, firstly that no FIR could have been registered by the State for offences punishable under Section 195A/506 IPC for the reason Section 506 IPC is noncognizable and even if Section 195A IPC is a cognizable offence, the amendment brought in the Cr.P.C. by introducing Section 195A mandates that only a complaint could be filed for the said offence, thus no FIR could be registered. 'Complaint' as defined under Section 2(d) Cr.P.C. excludes a Police report. The second argument of learned counsel for the petitioner is that even on the facts as stated in the FIR, offence under Section 195A IPC is not made out for the reason the threat given to the complainant was to withdraw the case and not to give false evidence. To press his arguments, learned counsel for the petitioner refers to Section 191 IPC which defines giving false evidence, 192 IPC which defines fabricating false evidence and Section 193 IPC which provides for punishment for false evidence.