SONAM TOPGAY BHUTIA Vs. CHANDER PAL AND ORS.

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), has been preferred seeking to quash Private Complaint Case No. 06 of 2014 filed by the Respondent No. 1 against the Petitioner for offence under Section 500 of the Indian Penal Code, 1860 (for short "IPC") in the Court of the Chief Judicial Magistrate, East and North Sikkim at Gangtok.

(2.) THE facts and circumstances that led the Respondent No. 1 to file the complaint against the Petitioner are set out in some detail hereunder for convenience being germane to the disposal of this application.

(3.) (i). Mr. Jorgay Namka, Learned Advocate, appearing on behalf of the Petitioner, submitted that filing of the application under Section 340 Cr.P.C. before the Principal District Judge was necessitated in view of a false statement made by the Respondent No. 1 which was clearly borne out from the records which the Principal Sessions Judge had overlooked while passing order dated 29 -11 -2013 dismissing the application registered as Crl. Misc. Case No. 32 of 2013. It was urged that the order of dismissal did not alter the fact that a false statement had been made by the Respondent No. 1 notwithstanding that the Petitioner did not choose to challenge the said order before this Court.