ORDER :

1. Petitioner has filed this petition under Section 482 of Cr.P.C. challenging propriety and legality of First Information Report dated 01.09.2022 in connection with FIR/Crime No. 421/2022 under Sections 195-A, 294, 506 of IPC registered by Police Station-Omti Jabalpur (MP).

2. Counsel appearing for petitioner submitted that a written complaint was filed against petitioner at Police Station Omti, District-Jabalpur. As per complaint, petitioner abused the complainant when he was in premises of District Court, Gate No. 1 District-Jabalpur, threatened him of dire consequences, if he does not change his statement before the Court and do not compromise the case. On the basis of said allegations, offence under Sections 195-A, 294 & 506 of IPC was registered. Police after completion of investigation filed charge-sheet against petitioner under Section 195-A, 294 & 506 of IPC. Court of Judicial Magistrate First Class Jabalpur committed the matter before the Court of Sessions and registered as Sessions Trial No. 178/2023 in Court of 22nd Additional Sessions Judge, Jabalpur (M.P.).

3. Counsel appearing for petitioner submitted that Police has committed an error of law in registration of FIR on 01.09.2023 under Section 195-A, 294, 506 of IPC. Section 195-A of IPC was introduced by amendment on 16.04.2006. Section 195-A of Cr.P.C. was also introduced by way of amendment. Complaint has been defined in Section 2(d) of Cr.P.C.

4. It is submitted that conjoint reading of Section 195-A of IPC and 195-A of Cr.P.C. and Section 2(d) of Cr.P.C. makes it clear that complainant may file a complaint before a Magistrate for committing of offence under Section 195-A of IPC. Police may not register an FIR in respect of offence under Section 195-A of IPC. It is further submitted that no offence under Section 195-A of IPC is made out against petitioner as act complained off against petitioner is not intended to seek conviction. False evidence, which is given in Court with intention of seeking conviction, will amount to an offence under Section 195-A and not otherwise. It is submitted that Section 195-A of IPC is to be read as a whole and not in two parts. After semicolon, in Section 195-A, word “and” is used, which means that adducing false evidence to seek conviction of any person will be an offence under Section 195-A. If a person is threatened to do omission or give such a statement that person may be acquitted, then said act will not be an offence under Section 195-A of IPC. Reliance is placed in paragraphs 15 to 19 of the judgment passed in the case of Salib @ Salu @ Salim vs. State of UP and Others, 2023 Live Law (SC) 618, which are quoted herein under:

15. There is a different angle to this matter. It appears that the investigating agency has invoked Section 195A of the IPC. Section 195A of the IPC reads thus:

“Section 195A - Threatening any person to give false evidence - Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; and if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.”

16. A plain reading of the aforesaid provision indicates that if any individual is threatened with any injury to his person, reputation or property and such threats are administered with intent to cause that person to give false evidence, the same would constitute an offence under Section 195A of the IPC. In our opinion, none of the ingredients to constitute the offence punishable under Section 195A of the IPC are disclosed, on plain