STATE OF PUNJAB Vs. MOHINDER KAUR

JUDGEMENT

(1.) Petitioners have filed this petition under Section 340 read with Section 482 of the Code of Criminal Procedure, for initiating action against the respondent for filing false affidavit and false medical certificate in her false writ petition submitted for extending the period of parole granted to her husband-convict Tarlok Singh for four weeks beyond April, 27, 1990, the date on which he was to surrender in the jail after availing the period of granted parole. Tarlok Singh respondent's husband is undergoing life imprisonment in jail. When parole was granted to him, the respondent filed a writ petition alleging falsely that her husband is injured in an accident and is admitted in Sursing Hospital, Amritsar. To substantiate this plea, she filed a false medical certificate and her false affidavit. On the basis of these false documents, period of parole granted to her husband Tarlok Singh was extended by two weeks, but an enquiry was initiated under the orders of this Court.

(2.) Registry of this Court held an enquiry and submitted report the medical certificate was not issued by any Doctor of Sursingh Hospital, Amritsar. Tarlok Singh was not admitted in hospital during relevant period. The respondent sworn in affidavit which she had filed in her writ petition. During enquiry, she was summoned. As she failed to appear, non-bailable warrant was issued. She was arrested.

(3.) She was in custody for a month. On October 24, 1994 this Court passed an order to release her on bail.