Case Facts:
Patna High Court Cr.Misc. No.19647 of 2011 (2) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19647 of 2011 ====================================================== 1. Bhola Ram S/O Sonafi Ram, Resident of Village-Koili, P.S.-Bathnaha, District-Sitamarhi. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Adv. For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 12-12-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 16th December 2008 arising out of Bathnaha P.S. Case No. 60/2008 whereby and whereunder the court below has accepted the Final Form and took cognizance for offence under [STATUTE] against the petitioner and at the same time in absence of any proper steps by the petitioner the protest-cum-complaint petition was rejected. In this case, allegation has been made that in the mid night the accused petitioner has set on fire on the heap of the paddy straw and also threatened for dire consequence including expulsion from the village. It appears from Annexure-5 that after passing the order, the petitioner again filed the complaint petition and the Patna High Court Cr.Misc. No.19647 of 2011 (2) dt.12-12-2012 same was sent for investigation with regard to the same incident. On perusal of statements made in both the complaint petitions it appears that there is quite variance in both statement which shows mind set of the petitioner for filing the case. This Court does not find any error in the order impugned. Accordingly, this petition is dismissed. However petitioner will have a liberty to raise all points before the court below at the appropriate stage with regard to cognizance that has been taken against the petitioner under [STATUTE] and this order will not prejudice the petitioner in which the cognizance has been taken against the petitioner for lodging the false case. With this observation, this petition is disposed of. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 211

Statute Text:
Section 211 of the Indian Penal Code. False charge of offence made with intent to injure. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.