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Showing contexts for: section 177 indian penal code in Sura Ram vs State Of Rajasthan-State on 3 August, 2022Matching Fragments
Considering the allegations of the prosecution to be true at the highest, the offence, if any, which can be said to be made out against the accused would be the offence under Section 177 of the IPC, which reads as under:
"177. Furnishing false information.- Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;
or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the (7 of 13) [CRLMA-233/2022] apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
For the purpose launching a prosecution for the offence under Section 177 IPC, the prosecution can only be launched as per Section 195(1)(a) Cr.P.C. which reads as under:
Thus, before the prosecution for the offence under Section 177 IPC can be initiated, it is mandatory that the public servant before whom the alleged false information has been furnished, should file a complaint then only the court can take cognizance of the offence. Obviously, the returning officer before whom the nomination form was furnished has not filed any complaint against the petitioners, therefore, permitting continuance of investigation of the impugned F.I.R. in this case cannot be said to be anything but an abuse of process of law.
12. In the above referred judgment, the Hon'ble Supreme Court in sub paras (2) and (4) of para No. 102 has held that where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code, then the FIR can (11 of 13) [CRLMA-233/2022] be quashed.
13. Upon perusal of the impugned FIR, it is apparent that the main allegation of the complainant in the impugned FIR is to the effect that the accused-person has furnished false information or has not furnished correct information regarding his children while contesting the election. If the said allegations of the complainant are accepted to be true then too, the offence, which at best can be said to be committed by the accused would be of making statement in connection with an election which is punishable under section 171- G IPC or furnishing false information to any public servant punishable under section 177 IPC or the offences punishable under sections 181, 193, 199 and 200 IPC. However, all the above mentioned offences are non-cognizable offences. As per the provisions of sub-section (2) of section 155 Cr.P.C., a Police Officer cannot investigate into the allegations of noncognizable offence without any order of the Magistrate having power to try such case or commit the case for trial, however, no such order of the Magistrate concerned is available on record.