KAWAL Vs. RAJDEEP SINGH

JUDGEMENT

(1.) This petition has been filed by petitioner-Kawal under Section 340 Cr.P.C for initiating proceedings against the respondent for having committed an offence punishable under Section 195 IPC. It is alleged that the respondent had made a false statement on the basis of false document before this Court. As per the averment, the date of birth of the petitioner's sister Rekha is 27.4.1997 and according to this certificate, she is 14 years old. This is so reflected even in the School Leaving Certificate dated 19.3.2007. The petitioner had earlier approached the police for registration of criminal case against the respondent and for release of his sister from illegal custody. At that stage, he learnt that the respondent had filed Crl. Misc. No.M-21183 of 2011 showing his sister to be major and on the basis of this fake and forged document of age, the directions were issued. It is stated that on the basis of false statement and through misrepresentation, this order was obtained and so the offence under Section 195 IPC is made out.

(2.) In the reply filed, it is stated that the respondent has married Rekha-sister of the petitioner and on this account, the petitioner is annoyed with him. In the reply, it is also pointed out that the respondent has not filed any certificate and it was only on the basis of averment made by Rekha that the order was passed. The plea is that any false affidavit, if filed, was by the girl, who has not been impleaded as a party. No Date of Birth Certificate or School Leaving Certificate was ever produced and only on the basis of affidavit, Crl. Misc. No.M-21183 of 2011 was disposed of.

(3.) None had appeared on three dates to argue this petition. Today, the counsel for the petitioner has stated that girl was minor and was induced by the respondent to file this affidavit and accordingly, the responsibility for the same would remain that of the respondent. It is not certain whether the date given in the affidavit is true or the one which is given in the Birth Certificate or School Leaving Certificate. But the girl is married and is staying with the respondent. It is stated that the girl is even pregnant from the loin of the respondent. At the most, this is a case of illegal marriage. That be once it is established that the girl had filed a wrong affidavit, there is no averment made in the petition. This affidavit was filed having induced or enticed away by the respondent. In view of this averment and evidence lacking in the present petition, no case for issuing direction under Section 340 Cr.P.C is made out.