REKHA JANGRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.) seeking quashing of FIR No. 115 dated 24.08.2010 (Annexure P -1) under Sections 420 and 120 -B of the Indian Penal Code, 1860 (in short 'IPC'), registered at Police Station Fatehgarh Sahib, District Fatehgarh Sahib and all the subsequent proceedings arising therefrom. Learned counsel for the petitioner has submitted that petitioner had furnished surety bonds qua accused -Satish Kumar who was facing trial in FIR No. 39 dated 11.07.2006 under Section 389, 384 and 120 -B, IPC and Section 7, 13(2) of the Prevention of Corruption Act, 1988, registered at Police Station Vigilance Bureau, Patiala. During the pendency of the trial, petitioner came to know that due to inadvertence in the affidavit submitted by her, it had been wrongly mentioned that she was the owner of plot which had been already sold by her. In this regard, petitioner moved an application on 04.05.2010 to furnish fresh surety bonds. The said application was dismissed by the Special Judge vide order dated 04.05.2010 (Annexure P -3). Thereafter, FIR in question was registered against the petitioner under Section 420 and 120 -B IPC. Allegations leveled against the petitioner are that she had submitted a false affidavit in the Court. In this regard, FIR could not have been registered against the petitioner in view of the bar imposed by Section 195 Cr.P.C.

(2.) LEARNED counsel for the petitioner has placed reliance on C. Muniappan and others Vs. State of Tamil Nadu : 2010 (4) RCR (Crl.) 268 wherein it was held as under: -

(3.) LEARNED State counsel, on the other hand, has opposed the petition.