Punjab-Haryana High Court
Harbhajan Singh Bajwa vs Senior Superintendent Of Police, ... on 18 April, 2000
Equivalent citations: 2000CRILJ3297
Author: T.H.B. Chalapathi
Bench: T.H.B. Chalapathi
ORDER
1. This petition is filed to direct the respondents to file a complaint under Section 182 I.P.C. against one Ashwani Kumar son of Khan Chand on the ground that the said person gave a false complaint to the S.H.O. P.S. Dera Bassi, District Patiala. That complaint was filed in the year 1996. After an enquiry, the S.H.O. found that the allegations made in the complaint were false and accordingly he prepared and filed a cancellation report. Aggrieved by the same, the complainant moved this Court. This Court directed the Dy. Superintendent of Police, Dera Bassi to make an enquiry, who also found that the averments made in the complaint filed by Ashwani Kumar were false. That complaint was filed in the year 1997. Thereafter, a second cancellation report was also filed in the year 1997. The Additional Director General of Police (Crimes) had also written a letter on 2-6-1997, (Annexure P-6 to this petition) to the Senior Superintendent of Police, Patiala to initiate proceedings under Section 182 I.P.C. against Ashwani Kumar, but the Senior Superintendent of Police did not initiate any proceedings under Section 182 IPC against Ashwani Kumar. The final cancellation report was accepted by the Court on 10-6-1999.
2. The petitioner seeks, as already observed, a direction to the respondents to initiate proceedings against Ashwani Kumar for the offence under Section 182 I.P.C.
3. Whenever any information is given to the authorities and when the said authority found that the averments made in the complaint were false, it is for the said authority to initiate action under Section 182 I.P.C. The offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months or with fine or with both. When the authorities themselves found in the years 1996 and 1997 after due investigation that the averments made by Ashwani Kumar in his complaint were false, it is for them to initiate proceedings immediately or within the prescribed period as provided under Section 468 Code of Criminal Procedure. The acceptance of the cancellation report by the Court is immaterial. It does not save the limitation under Section 468 Cr.P.C. which prescribes the period of one year for taking cognizance if offence is punishable, with imprisonment for a term not exceeding one year. Since the offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months only, the authority should file the complaint under Section 182 I.P.C. within one year from the date when that authority found that the allegations made in the complaint were false. Since more than four years lapsed from the date when the authority found the allegations were false, no question of filing any complaint under Section 182 I.P.C. at this belated stage arises.
4. Learned counsel for the petitioner argued that the cancellation report was accepted by the Court only on 10-6-1999 and therefore, the period of limitation runs from the date of acceptance of the report filed under Section 173 Criminal Procedure Code. This argument, in my view, is devoid of any merit. The offence under Section 182 I.P.C. is complete when the complaint is found to be false. Therefore, it is the date for starting limitation when the investigating agency concludes the investigation and finds the averments in the complaint are false. The acceptance of cancellation report will not extend the time. Under Section 469 of the Code of Criminal Procedure, where the commission of the offence is not known to the person aggrieved by the offence or to any police officer the first day on which such offence comes to the knowledge of such person or any police officer, whichever is earlier. Therefore, when the police officer finds that the complaint was false, it is that date when the limitation starts.
5. In this view of the matter. I do not find any grounds to issue any directions as sought for since any complaint to be made for the offence under Section 182 I.P.C. is barred by time was on the date of the filing of this petition. The petition is, therefore, dismissed.
6. Petition dismissed.