C.R.R. No.2991 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2991 of 2009 (O&M) Date of Decision: 22.02.2011 Pala Ram and others …Petitioners Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Chanakya Pandit, Advocate for the petitioners. Ms. Shalini Attri, D.A.G., Haryana. Mr. Rahul Rathore, Advocate for the complainant. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (ORAL) This petition has been filed against the addition of Section 195 IPC of the charge against the petitioners. It is alleged that the complainant had shot at one of the petitioner’s party; however during investigation it transpired that the shot which had hit the injured was from the weapon of one of the C.R.R. No.2991 of 2009 (O&M) -2- petitioner’s party. In these circumstances, the offence under Section 195 IPC has been added. Learned counsel for the petitioners has strenuously argued that at best the present is a case under Section 182 IPC. He further argued that in any case even if it is a case of fabrication of false evidence it is punishable under Section 193 IPC and not under Section 195 IPC. As regards the argument regarding Section 182 IPC, that relates only to false information. Thus if the petitioners merely had given a report that one of them was shot at it would have come within the ambit of the word ‘false information’. However, it was not merely a case of information but also a gunshot which was alleged to have been fired by one of the complainant’s party. In this circumstances, present is not a case of false information but false evidence. Learned counsel for the petitioners has also argued that the offence under Section 195 IPC being a non-cognizable offence may not be taken cognizance of without the sanction of the Magistrate. In my opinion, this is a mere irregularity and the real issue is whether the petitioners did inflict an injury to one of them and tried to attribute it to one of the complainants which will be decided on merits. In this view of the matter, this petition is dismissed. ( AJAY TEWARI ) C.R.R. No.2991 of 2009 (O&M) -3- February 22, 2011 JUDGE ashish