The need for substantive proof in cases involving false complaints and the requirement to avail the remedy of revision under Section 397 Cr.P.C. before invoking the jurisdiction of the court under Section 482 Cr.P.C.

JUDGMENT/ORDER

Hari Pal Verma, J. - The petitioner has filed this petition under Section 482 Cr.P.C. for quashing the Calendra under Section 182 I.P.C. dated 15.03.2018 (Annexure P-1) filed against the petitioner by the police before the trial Court.

2. Challenge has also been laid to the summoning and notice of accusation orders dated 17.03.2018 and 13.06.2018 (Annexure P-2) (colly) passed by the trial Court.

3. As per the Calendra (Annexure P-1) presented by the police, the petitioner had submitted a complaint against her husband Sandeep Ahlawat-respondent No. 6 and his brother Sanjeev Ahlawat alleging therein that they have dropped some goods in her house and have threatened her. The complaint (Annexure P-5) made by the petitioner addressed to the Chowki Incharge reads as under:

"To

The Chowki Incharge,

Police Chowki, Sector 14,

Faridabad.

Subject:-Complaint against Col. Sandeep Ahlawat son late Col. Sh. Shamsher Singh, residents H. No. 250, Sector 5, Gurugram, Mob. No. 8826777333 and Sanjeev Ahlawat son late Col. Sh. Shamsher Singh, residents of Super Delux, Flat No. 11, HEWO Apartment, Sector 16-A, Faridabad, Haryana Mob. No. 9899880377.

Sir,

My name Sonali Ahlawat wife of Sh. Sandeep Ahlawat son late Col. Sh. Shamsher Singh, and I am residing with my parents at 1032, Sector 14, Faridabad. My husband has filed a case of divorce against me. On 21 December, 2017 was the date in Faridabad court and I, my father, my husband and my brother-in-law Sanjeev Ahlawat were present in court about 5 P.M. till the evening. My husband had misbehaved with me on 21 December, 2017 very badly and threatened me outside the court that they will be kill me and my family any time as they want and they will kill them if required.

That on 21st December 2017 about 6 P.M. in the evening we found a plastic bag containing five old saari, and one musical gift that I have gifted to my husband on my first marriage anniversary inside my house gate. I think that these things have been done by my husband and his brother.

I and my family member are afraid and there is a threat to our life and property.

You are requested that take appropriate legal action against the above said accused and save the life and property of me and my family. I will be very thankful to you. Four photographs of the goods are enclosed herewith.

Sd/

Applicant, 22/12/2017

Sonali Ahlawat W/o Col. Sandep

Ahlawat, R/o 1032, Sector-14,

Faridabad."

4. The aforesaid complaint was investigated by ASI Bansi Lal and Chowki Incharge SI Sumer Singh. During investigation, the statements of petitioner-complainant, her husband Sandeep Ahlawat (respondent No. 6 herein), Sanjeev Ahlawat, who is elder brother of respondent No. 6, Shivam aged about 18 years and Shivraj, who are sons of the complainant were recorded and during investigation no truth was found into the allegation so made in the complaint. Thus, the allegations made in the complaint were found false. The complainant could not adduce substantive proof of her truthfulness. Therefore, proceedings under Section 182 I.P.C. were initiated against her for making false complaint against the respondent-husband.

5. Vide impugned order dated 13.06.2018, learned Additional Chief Judicial Magistrate had adjourned the case for 02.08.2018 for serving notice of accusation upon the accused-complainant (petitioner herein).

6. Dr. Anmol Rattan Sidhu, learned senior counsel for the petitioner has argued that a bare perusal of the report prepared by the SHO does reflect that the investigating officer had not visited the place of occurrence and without there being a visit to the spot by the investigating officer, the complaint cannot be inquired into. Nobody from the house of the petitioner-complainant was examined. The investigating officer has not examined even any neighbour witnesses and in this manner, the Calendra so prepared is one- sided. In support of his contentions, learned senior counsel has relied upon Arvind Kejriwal v. Amit Sibal and another 2014(9) RCR (Criminal) 19