IMPORTANT POINT
Summoning Order--In each and every case before summoning, Magistrate had to apply mind whether offence under S.182 IPC is made out or not--Magistrate may not give reasons for the same--An observation by the Magistrate “Record perused, Prima facie offence is made out” will suffice.

Kanwaljit Singh Ahluwalia, J.:- Present petition has been filed under Section 482 Cr.P.C. by Varinder Mohan son of Ram Sarup seeking quashing of Kalandra under Section 182 Cr.P.C..

2. Petitioner - Varinder Mohan lodged Daily Diary Report, Annexure P-3 at Police Station Lambra. It was stated in the Daily Diary Report that on the night of 3/4.7.2005 he was driving his Scorpio bearing registration No.PB-08-AK-6280 and was coming from Nakodar to Lambra. When he reached near the gate of village Nanka, he saw that a private bus was standing there. When he made an attempt to cross over the bus, one Tata Sumo came on a very high speed. Due to the glare of head lights of Tata Sumo, he could not see and his Scorpio hit the bus which was parked there. The front of the Scorpio was badly damaged. However, no body, suffered any injury. A note was given by MHC Sukhwinder Pal that since only vehicle has been damaged, no cognizable offence is made out. Daily Diary Report was recorded on 4.7.2005 at 7.30 P.M.. On 17.7.2005, Inspector Didar Singh, S.H.O.,Lambra submitted a kalandra, Annexure P-1 in the Court of Judicial Magistrate Ist Class, Jalandhar. He stated that in fact Scorpio vehicle had suffered an accident on 3.7.2005 at 3.00 P.M. in between Shahbad and Kurukshetra in the State of Haryana with Haryana Roadways bus and from there the accidental Scorpio was brought by Tirath Ram son of Ram Lubhaya to Jalandhar by tying the same with his Sumo. False report was made in order to gain insurance claim.

3. On presentation of the Kalandra, Judicial Magistrate Ist Class, Jalandhar on 29..7.2005 passed the following order:-

“Kalandra presented today. It be registered. Let notice to accused be issued for 12.08.2005.”

4. Two-fold submissions have been raised by the petitioner in the present petition. Firstly, in the present case, no FIR was lodged, therefore, in view of the ratio of law laid down in Malkiat Singh v. State of Haryana, 1999(2) RCR (Criminal) 10, no offence under Section 182 IPC is made out. First submission raised merit attention and is required to be dealt with by this Court. It has been stated that until and unless, FIR is recorded, it cannot be said that a false report was submitted to police official. By mere lodging of DDR, police had not proceeded to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting such information are given or lawful power of such public servant has been used to the injury or annoyance of any such person. Section182 IPC read as under:-

“182. False information, with intent to cause public servant to use his lawful power to the injury of another 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-

(a) 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

(b) 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 extent to six months, or with fine which may extend to one thousand rupees, or with both.”

5. A perusal and dissection of the section reveal two essential ingredients that by such information furnished, public servant ought to have done or omitted to have done something relying upon such information or had used his lawful power to the injury or annoyance of any such person. In the present case, none of these two essential ingredients were followed. MHC Sukhwinder Pal had given a note that there is no negligence on the part of any person. The accident occurred suddenly and naturally and no offence against any body is made out. Therefore, the information given was neither acted upon nor something which ought to have been done by the police official was not done. Therefore,