Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52621 of 2008 ====================================================== Sahnaj Begum wife of Md. Safi Alam, resident of Village Mirjapur Bardah, P.S. Muffasil, District Munger. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5 29-02-2012 Heard learned counsel for the petitioner and Shri Gauri Shankar Gupta, learned Additional Public Prosecutor. The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 12.11.2008 passed by learned Judicial Magistrate Ist Class, Munger in G.R. No.643 of 2007 arising out of Muffasil P.S. Case No.86 of 2007 registered for the offence under [STATUTE] . By the said order, the learned Magistrate has rejected the petition for discharge filed by the petitioner. Learned counsel for the petitioner Patna High Court Cr.Misc. No.52621 of 2008 (5) dt.29-02-2012 2 / 2 2 submits that the basis for prosecution was that the petitioner had given false affidavit giving incorrect declaration. However, during investigation, said affidavit was not collected, nor same is not available on record and on this ground, it has been prayed to quash the order of cognizance. I have perused the impugned order and materials on record. I do not find any defect in the impugned order. So far as affidavit is concerned that can be summoned during the trial. The petition stands dismissed. Let a copy of this order be sent to the court below forthwith. The court below is required to proceed with the case expeditiously so that the case may come to its logical end without any un-necessary delay. N.H./- (Rakesh Kumar, J)

Applicable IPC Section: 181

Statute Text:
Section 181 of the Indian Penal Code. Knowingly stating to a public servant, on oath as True that which is false. Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.