Held a Criminal Misc. petition challenging a false complaint was dismissed under Section 482 Cr.P.C., as the High Court cannot examine the truth of allegations, which is the trial court\'s domain.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.-M No.25817 of 2011 (O&M) Date of Decision: November 04, 2011
Anita & another
...Petitioners
Versus
State of Haryana & another
...Respondents
CORAM: HON'BLE MR.JUSTICE RANJIT SINGH
Present: Mr.Kashmir Singh, Advocate, for the petitioners.
RANJIT SINGH, J.
Counsel says that totally false complaint has been made in this case. If that be so, this plea is required to be raised before the trial Court. This Court, while exercising jurisdiction under Section 482 Cr.P.C., cannot go into the falsity of the allegation or of the complaint as made. That would be the job of the trial Court, which would do so on the basis of evidence. No case for interference under Section 482 Cr.P.C., thus, is made out.
Dismissed.
The prayer for withdrawing the petition is declined.
November 04, 2011 ( RANJIT SINGH ) ramesh JUDGE
Anita & another
State of Haryana & another
Ranjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
