MANOJ KUMAR Vs. SURINDER KAUR

JUDGEMENT

(1.) CHALLENGE in this criminal revision petition is to the order of sentence dated 7.1.2013, passed by the learned Judicial Magistrate Ist Class, Mohali, whereby respondent No. 1/accused, Surinder Kaur, was awarded the sentence of fine of Rs. 500/ - for commission of an offence punishable under Section 182, IPC. The petitioner has also filed a criminal miscellaneous application bearing CRM -44232 -2013, seeking condonation of delay of 98 days in filing the revision petition.

(2.) BRIEF facts of the case are that respondent No. 1 - accused had presented a complaint before the Chairperson, Human Rights Commission, Chandigarh, for not taking action by the police against the petitioner, Manoj Kumar, who had allegedly extended a threat to kill her, over telephone. She further alleged that the matter was reported to the police, but no action was initiated.

(3.) THE stand of the police was that respondent No. 1 - accused had moved the complaint just to extract money from the petitioner. The matter was inquired into by the Deputy Superintendent of Police, City -II, Mohali, and he came to the conclusion that respondent No. 1 -accused had presented a false complaint in order to demand Rs. 50,000/ - from the petitioner, therefore, he recommended for initiation of proceedings under Section 182, Cr.P.C., against her (respondent No. 1 -accused). Resultantly, a Calandra for the prosecution of respondent No. 1 - accused, for commission of the offence punishable under Section 182, IPC, was presented before the learned Trial Court. Notice of accusation was served upon respondent No. 1 -accused, to which she pleaded guilty and did not claim trial. The learned Trial Court held her guilty of the offence punishable under Section 182, IPC, and after affording an opportunity of being heard on the question of quantum of sentence, imposed a fine of Rs. 500/ -. The relevant portion of the impugned order of sentence runs as under: -