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Judgment
This is a writ petition for quashing of the F.I. R. The arrest of the Petitioners was stayed till the filing of the charge sheet. A counter affidavit dated 23.06.2002 has been filed which is on record duly sworn in by one Indra Singh, Sub Inspector, P.S. - Jwalapur, District Hardwar, in which it has been stated that the charge sheet against the Petitioners (accused) has been filed in the Court of C.J. M. Now the effect of stay order dated 27.05.2002 is not available to the Petitioners.
In response to this counter affidavit a rejoinder affidavit was filed in which two copies of questionnaires obtained from the court of C.J. M., dated 15.07.2002 and 06.08.2002 have been annexed which show that the charge sheet was not filed in the Court of C.J. M. by 06.08.2002.
An application has been filed on behalf of Smt. Maya Devi Respondent No. 4 annexing the questionnaire in which question No. 3 has been answered that the charge sheet has been filed in the Court of C.J. M. on 05.09.2002.
From the narration of these dates it is evident that Indra Singh, Sub -Inspector, filed a false affidavit. Issue notice to Indra Singh, Sub-Inspector, P.S.-Jwalapur, District Hardwar to show cause as to why the C.J. M. Hardwar be not directed to initiate the proceedings u/s 340 of the Code of Criminal Procedure against him for filing false affidavit. Cause shall be shown by 18.10.2002.
Put up on 18.10.2002