ANEEL KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C. has been filed to quash the order of the CJM summoning the accused for the offence under section 182 IPC and the consequential proceedings. According to the prosecution the petitioner gave an application to Incharge of Police Station that after coming home she found lock of the main gate of the kothi broken which was lying off the bolt and articles of the almirah were lying here and there inside the kothi and drawers of the tables were found opened. She further alleged that rent agreement of the house and original receipts of rent of the house from October 1989 to April 1994 were found to be stolen. On the basis of the complaint given by the petitioner DDR was made and the matter was investigated. During the course of investigation it was found that the allegations levelled by the petitioner were incorrect and therefore case was registered against her for giving false information to the police. Thereafter the police filed a challan against the petitioner. According to the petitioner by making a false complaint the petitioner has not committed any offence under section 182 IPC. Under Section 182 IPC any person who gives any information which is false to a public servant and which the informer knows it to be false is liable to be punished. In this case the information was admittedly given to the public servant namely SHO. Whether the information is correct or not is a matter to be decided by the trial magistrate. At this stage it cannot be said that no offence is made out.

(2.) In these circumstances I do not find any grounds to quash the orders of the learned magistrate dated 30.4.98. This petition is therefore dismissed.