Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21089 of 2012 ====================================================== Shankar Pandey S/O Aradhy Pandey R/O Village Shitalpur, Post Siktia, P.S. Azamnagar, District Katihar. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Sharma, Adv. Mr. Ranjan Kumar Dubey, Adv. For the State : Mr. R.B. Roy ‘Raman’, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 10-09-2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 25.5.2011 passed by the Chief Judicial Magistrate, Katihar, in C-II Case No. 214 of 2008 by which he has taken cognizance under [STATUTE] . It has been submitted on behalf of the Petitioner that First Information Report was instituted by one Sulona Khatoon which ended in a Final Report. During investigation, the Police found the case false and recommended for prosecution against the Petitioner under [STATUTE] . It has been submitted that there is absolutely no cogent material to suggest that the Petitioner is involved in any Patna High Court Cr.Misc. No.21089 of 2012 (2) dt.10-09-2012 2 / 2 2 way, and, therefore, the report of the Police is fully unjustified. Considering the same, the application is allowed and the entire Criminal Prosecution including the order of cognizance dated 20.5.2011 passed by the Chief Judicial Magistrate, Katihar, in C-II Case No. 214 of 2008 is hereby quashed. S.Ali (Anjana Prakash, 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.