Rekha Mittal, J. - (1.) THE present petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') has been filed for quashing of Kalandra under Section 182 of the Indian Penal Code (in short 'IPC') (Annexure P2) and proceedings emanating therefrom.
(2.) THE sole submission made by counsel for the petitioner is that on the basis of the application filed by the petitioner levelling allegations against Rajan Chopra, Principal Sahibjada Ajit Singh Academy, Roopnagar, no FIR was registered and any investigation made by the investigating officer without registration of FIR is without jurisdiction and contrary to law, therefore, no proceedings under Section 182 IPC can be filed by the SHO even if the complaint filed by the petitioner was held to be false. In support of his contention, he has relied upon the judgment of this Court in Malkiat Singh Vs. State of Haryana,, 1999(2) RCR (Criminal) 10. Counsel for respondent No. 3, on the contrary, contends that the petitioner submitted the application levelling allegations which she knew and believed to be false. It is further argued that in pursuance of the application filed by the petitioner, Rajan Chopra against whom accusations were made was called by the police and he submitted his reply vide application bearing No. 167/Peshi dated 26.03.2012 and 208/Dasti dated 01.04.2012 which find reference in the report dated 11.04.2012 whereby the SHO, Police Station City Roopnagar recommended initiation of proceedings under Section 182 IPC against Kavita Verma and her husband Avtar Krishan. It is further argued that observations made in Malkiat Singh's case (supra) cited by counsel for the petitioner were considered by this Court in Varinder Mohan Vs. State of Punjab and another, : 2009(3) RCR (Criminal) 100 wherein, it was held that giving of false information to the police cannot be ignored even if non -registration of the case has not caused injury or annoyance to any person.
(3.) I have heard counsel for the parties and perused the case file.;