Case Facts:
Patna High Court CR. WJC No.112 of 2011 (5) dt.02-08-2012 1 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.112 of 2011 ====================================================== 1. Mustafa Quraishi S/O Md. Mukhdum Raza Quraishi Resident Of Mohalla- Sabji Bag, P.S.- Pirbahore, P.O.- Bankipur, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director General Of Police, Bihar, Patna 3. The Deputy Inspector General Of Police, Central Range, Patna 4. The Senior Superintendent Of Police, Patna, District- Patna 5. The Station Head Officer, Pirbahore Police- Station, District- Patna 6. Md. Sahjada S/O Late Abdul Hamid Resident Of Shane Helal Hotel, Sabjibag, P.S.- Pirbahore, P.O.- Bankipur, District- Patna 7. Md. Saifulla S/O Late Md. Abdula Resident Of Shane Helal Hotel, Sabjibag, P.S.- Pirbahore, P.O.- Bankipur, District- Patna 8. Ashraf S/O Late Usman Resident Of Shane Helal Hotel, Sabjibag, P.S.- Pirbahore, P.O.- Bankipur, District- Patna .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 5 02-08-2012 The petitioner has made a complaint before the S.H.O., Pirbahore Police Station on 4.12.2010 for lodging a first information report against private respondent nos.6, 7 and 8 for taking action against them as also to provide protection of life and property of his family. The grievance of the petitioner is that the S.H.O., Pirbahore Police Station did not institute the first information report in connivance with the private respondent nos.6, 7 and 8. He, thereafter, made a complaint in this regard before respondent no.4 i.e. the Senior Superintendent of Police, Patna on 7.12.2010 for issuing necessary instruction to respondent no.5 for lodging the first information report. When no steps, Patna High Court CR. WJC No.112 of 2011 (5) dt.02-08-2012 2 2 pursuant to the complaint made by the petitioner, were taken by the official respondents, he has filed the present writ petition under Articles 226 and 227 of the Constitution of India on 27.1.2011. A counter affidavit has been filed on behalf of respondent nos.4 and 5 in which it has clearly been stated that pursuant to the written report of the petitioner Pirbahore P.S. Case No.30 of 2011 dated 1.2.2011 has already been registered under [STATUTE] . Learned counsel appearing on behalf of respondent no.6 submits that the bone of contention between the parties is a dispute relating to property. He further submits that in the police case registered against the private respondents, the police has already submitted final report and recommended for action against the petitioner under [STATUTE] . Considering the facts and circumstances of the case, I find no merit in the present writ petition. It is dismissed, accordingly. Md.S./- (Ashwani Kumar Singh, 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.