VARINDER MOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT petition has been filed under Section 482 Cr.P.C. by Varinder Mohan son of Ram Sarup seeking quashing of Kalandra under Section 182 Cr.P.C..

(2.) PETITIONER - Varinder Mohan lodged Daily Diary Report, Annexure P-3 at Police Station Lambra. It was stated in the Daily Diary Report that on the night of 3/4.7.2005 he was driving his Scorpio bearing registration No. PB-08-AK-6280 and was coming from Nakodar to Lambra. When he reached near the gate of village Nanka, he saw that a private bus was standing there. When he made an attempt to cross over the bus, one Tata Sumo came on a very high speed. Due to the glare of head lights of Tata Sumo, he could not see and his Scorpio hit the bus which was parked there. The front of the Scorpio was badly damaged. However, no body, suffered any injury. A note was given by MHC Sukhwinder Pal that since only vehicle has been damaged, no cognizable offence is made out. Daily Diary Report was recorded on 4.7.2005 at 7.30 P.M. On 17.7.2005, Inspector Didar Singh, S.H.O.,Lambra submitted a kalandra, Annexure P-1 in the Court of Judicial Magistrate Ist Class, Jalandhar. He stated that in fact Scorpio vehicle had suffered an accident on 3.7.2005 at 3.00 P.M. in between Shahbad and Kurukshetra in the State of Haryana with Haryana Roadways bus and from there the accidental Scorpio was brought by Tirath Ram son of Ram Lubhaya to Jalandhar by tying the same with his Sumo. False report was made in order to gain insurance claim. On presentation of the Kalandra, Judicial Magistrate Ist Class, Jalandhar on 29..7.2005 passed the following order :-

(3.) THE judgment relied upon by counsel for the petitioner in Malkiat Singh's case (supra) cannot be applied in each and every case as a matter of rule. It is not necessary that any information recorded in Daily Diary Report must be converted into FIR for proceeding against the person who has given information for offence under Section 182 IPC. Wherein in a Daily Diary Report, a note is appended that the matter is to be investigated or report of Chemical Examiner or Forensic Expert is awaited and thereafter action shall be initiated, in that case police officer had formulated an opinion to proceed with the case, therefore, ingredients of Section 182 IPC is complete. There can be many instances, same cannot be specified and put in water tight jackets. Therefore, in each and every case before summoning, Magistrate had to apply mind whether offence under Section 182 IPC is made out or not. Magistrate may not give reasons for the same. An observation by the Magistrate "Record perused. Prima facie offence is made out" will suffice.