RAM HARI AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short), petitioners have sought quashing of criminal complaint No.35/1 dated 16.1.2010 titled 'Court on its own motion vs. Ram Hari and another', under Section 193 of the Indian Penal Code, 1860 ('IPC' for short) (Annexure P-9), and all the subsequent proceedings arising therefrom including summoning order dated 16.1.2010 (Annexure P-10).

(2.) Learned counsel for the petitioners has submitted that the court had erred in initiating proceedings against the petitioners under Section 340 Cr.P.C. In fact, petitioners had supported the prosecution case but the accused were acquitted by the trial Court. Learned counsel has further submitted that every incorrect or false statement did not make it incumbent on the court to order prosecution of the complainant/ witness. In support of his arguments, learned counsel has placed reliance on the decision of the Apex Court in M.S.Ahlawat vs. State of Haryana, 1999 4 RCR(Cri) 718, wherein, it was held as under:-

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