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: 177

Statute Text:
Section 177 of the Indian Penal Code. Knowingly furnishing false information to a public servant. 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 apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.