Rupendra Kumar Manikpuri v. Smt. Girja Bai Manikpuri

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 233 of 2015 Rupendra Kumar Manikpuri S/o Shiv Bhagat, Aged About 48 Years Assistant Manager Gramin Seva Sahakari Sanshtha Khartora, P.S. Palari, District Baloda Bazar Bhatapara Chhattisgarh ---- Petitioner

Versus

1. Smt. Girja Bai Manikpuri W/o Santosh Das Manikpuri, Aged About 28 Years R/o Village Sarseni ( Guma ) P.S. Suhela, District Baloda Bazar Bhatapara Chhattisgarh

2. The Director General Of Police, Raipur Chhattisgarh

3. The Superintendent Of Police, S.P. Office P.S. Baloda Bazar, Distt. Baloda Bazar Bhatapara Chhattisgarh

4. The Station House Officer, Police Station P.S. Palari, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondents For Petitioner :

Shri Amit Kumar Sharma, Advocate For State/ respondents No.2,3 & 4 :

Shri D.R. Minj, Dy. G.A.

Order On Board 15/10/2015 Heard.

1.

The petitioner has prayed for a direction to respondent authorities to register FIR against respondent No.1 on the allegation that respondent No.1 gave false evidence in judicial proceedings pending before the Judicial Magistrate First Class, Balodabazar in Criminal Case No. No. 5-1225/14. 2.

The prayer made by the petitioner is misconceived in law. Whether there is an allegation of leading false evidence, the proper course of action required to be followed is to move application before the concerned Magistrate, who upon examination of the allegation, may send a complaint for registration of offences on the alleged ground of a leading false evidence. The petition is therefore dismissed,

however, the petitioner may submit proper application before the concerned Court. Sd/- Manindra Mohan Shrivastava J U D G E Rekha