Case Facts:
Patna High Court Cr.Misc. No.4678 of 2011 (3) dt.15-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4678 of 2011 ====================================================== Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Kankarbagh, Patna represented through the Incharge Assistant Commissioner, namely, Ajay Pant .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Ravish, Advocate For the Opposite Party/s : Mrs. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3. 15.5.2012 The petitioner, who is the Complainant of Complaint case No.2809(c) of 2008 pending before the S.D.J.M., Patna, is aggrieved with the order dated 29.10.2010, by which the court below has rejected his prayer for proceeding with the Complaint without his examination as provided [STATUTE] P.C., which provides that “the Magistrate need not examine the Complainant and the witnesses if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint”, I am inclined to allow this application. Therefore, this application is allowed and the order dated 29.10.2010 passed by the S.D.J.M., Patna in Complaint case No.2809(c) of 2008 is hereby quashed. Narendra/ ( Anjana Prakash, J. )

Applicable IPC Section: 200

Statute Text:
Section 200 of the Indian Penal Code. Using as true any such declaration known to be false. Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.