Crl.Misc.No.M-28851 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc.No. M-28851 of 2006
Date of Decision: 7 - 1 - 2009
Varinder Mohan ....Petitioner
v.
State of Punjab and another ....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
1. Whether Reporters of Local Newspapers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
***
Present: None for the petitioner.
Mr.Mehardeep Singh, AAG, Punjab.
***
KANWALJIT SINGH AHLUWALIA, J.
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..
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
Crl.Misc.No.M-28851 of 2009 [2]
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:-
“Kalandra presented today. It be registered. Let notice
to accused be issued for 12.08.2005.”
Two-fold submissions have been raised by the petitioner in the
present petition. Firstly, in the present case, no FIR was lodged, therefore,
in view of the ratio of law laid down in Malkiat Singh v. State of
Haryana, 1999(2) RCR (Criminal) 10, no offence under Section 182 IPC is
made out. First submission raised merit attention and is required to be dealt
with by this Court. It has been stated that until and unless, FIR is recorded,
it cannot be said that a false report was submitted to police official. By
mere lodging of DDR, police had not proceeded to do or omit anything
Crl.Misc.No.M-28851 of 2009 [3]
which such public servant ought not to do or omit if the true state of facts
respecting such information are given or lawful power of such public
servant has been used to the injury or annoyance of any such person.
Section182 IPC read as under:-
“182. False information, with intent to cause public
servant to use his lawful power to the injury of another
person.- Whoever gives to any public servant any information
which he knows or believes to be false, intending thereby to
cause, or knowing it to be likely that he will thereby cause,
such public servant-
(a) to do or omit anything which such public servant
ought not to do or omit if the true state of facts respecting
which such information is given were known by him, or
(b) to use the lawful power of such public servant to the
injury or annoyance of any person,
shall be punished with imprisonment of either description for a
term which may extent to six months, or with fine which may
extend to one thousand rupees, or with both.”
A perusal and dissection of the section reveal two essential ingredients that
by such information furnished, public servant ought to have done or omitted
to have done something relying upon such information or had used his
lawful power to the injury or annoyance of any such person. In the present
case, none of these two essential ingredients were followed. MHC
Sukhwinder Pal had given a note that there is no negligence on the part of
any person. The accident occurred suddenly and naturally and no offence
against any body is made out. Therefore, the information given was neither
Crl.Misc.No.M-28851 of 2009 [4]
acted upon nor something which ought to have been done by the police
official was not done. Therefore, there was no omission on the part of
police official. Non registration of the case has not caused injury or
annoyance to any person but at the same time giving of a false information
to the police cannot be ignored. Therefore, Code of Criminal Procedure has
taken care of this eventuality also. There are other penal provisions which
take care of act of commission or omission on the part of the accused.
Lodging of false information for obtaining insurance claim will constitute
which offence require application of mind. The offence may not fall under
Section 182 IPC.
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.
Secondly, it has been stated by the petitioner in the petition
that order dated 29.7.2005 passed by the Judicial Magistrate Ist Class,
Jalandhar reproduced earlier, lack application of mind and the same has
Crl.Misc.No.M-28851 of 2009 [5]
been passed in a mechanical manner. I find merit in this contention also. A
Division Bench of this Court in Krishan Murari and ors. v. Mohinder
Pal, 1983(1) RCR (Criminal) 21 held that it is not necessary that
summoning order should be speaking order. However, it must reflect
application of mind. A perusal of summoning order reveal that not only the
same is cryptic but it cannot be comprehended that the Magistrate was alive
to the issues involved. Merely two lines have been noticed “Kalandra
presented. It be registered and notice be issued.” On this score also
summoning order, Annexure P-2 is liable to be set aside. Accordingly, the
present petition is accepted. Summoning order, Annexure P-2 is set aside.
The matter is remanded back to the Court of Judicial Magistrate Ist Class,
Jalandhar who shall apply mind to the submissions made and dealt with by
this Court.
( KANWALJIT SINGH AHLUWALIA )
January 7, 2009 JUDGE
RC
Crl.Misc.No.M-28851 of 2009 [6]