BABITA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present petition under Section 482 of Code of Criminal Procedure [Cr.P.C.] is for quashing of Complaint and the order, dated 2.6.2016 (Annexure P/1 colly.) and order dated 18.7.2016 (Anneuxre P/2) framing of charge and charge (Annexure P/2 Colly) as also all subsequent proceedings arising therefrom.

(2.) Facts relevant for the purpose of decision of this petition; that Sagir Hussain, respondent No. 3 herein, had filed a Complaint under Sections 323, 504, 506, 452 and 34 of Indian Penal Code (IPC) wherein the present petitioner and her mother were summoned as accused. During the proceedings, a complaint was filed under Section 340 of Code of Criminal Procedure (for short, "the Code") on the allegation that petitioner, Babita left India for United Kingdom (UK) on 5.6.2002 from Raja Sansi Airport, Amritsar and returned on 19.9.2002 on valid passport No. B2508378. Allegations are that on 3.10.2002, the petitioner made a false statement that she was unable to attend the Court on 13.08.2002 as she was ill, whereas in fact, she was in UK on 13.8.2002. Thereafter false affidavit was filed on 8.1.2003 regarding her illness and on these allegations, the petitioners allegedly committed offence under Section 193 IPC.

(3.) On proceeding of application under Section 340 of the Code, notice was given to the petitioner and she submitted her reply and the enquiry was conducted by Judicial Magistrate Ist Class, Malerkotla and learned Magistrate returned the finding that on the basis of statement of officials from Airport Authority and documentary evidence, it was established that false affidavit was filed by present petitioner, Babita and ordered for filing of complaint under Section 177 and 181 IPC before Illaqa Magistrate/Duty Magistrate as per provisions of Section 195 of the Code. Thereafter, proceedings were transferred to the Court of Sub Divisional Judicial Magistrate, Malerkotla and charge was framed on 30.3.2012 (Annexure P/6).