IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-33275 of 2008 Date of decision: 31st March, 2009 Jagtar Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. H.S. Dhandi, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. Mr. Satpal Thukral, Advocate for respondent No.7. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. for issuance of direction to the State of Punjab and SHO/ In-charge, Police Station Sudhar, Tehsil Raikot, District Ludhiana to initiate proceedings under Section 182 Cr.P.C. against respondent No. 7 Mal Singh, as he has given multiple false applications against the petitioner and his son Ajaib Singh to the public authorities/ servant. A perusal of Section 182 IPC makes it apparent that proceedings can only be initiated by the public servant. It is the subjective satisfaction of the public servant. In each and every case, public servant is not required to initiate proceedings under Section 182 IPC. This provision has not been enacted to satisfy the instinct of any revenge of any complainant. Section 195 Cr.P.C. specifically states that no FIR has to be registered but a complaint in writing or kalandra is to be submitted. Criminal Misc. No. M-33275 of 2008 Therefore, such a petition is not maintainable and is accordingly, dismissed. Counsel for the petitioner has further prayed that a direction should be given to the police officers to give seven days prior notice in case petitioner is required as accused in any case. This prayer is alien to Code of Criminal Procedure and therefore, the same is also declined. [KANWALJIT SINGH AHLUWALIA] JUDGE March 31, 2009 rps 2