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: 182

Statute Text:
Section 182 of the Indian Penal Code. Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant: to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.