As per case facts, the petitioner filed a complaint alleging abuse and threats. An FIR was registered under various IPC and SC/ST Act sections, but investigation found the circumstances suspicious, ...
CRM-M-43180-2023 (O&M) -1-
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
CRM-M-43180-2023(O&M)
Reserved on:08.07.2026
Pronounced on: 14.07.2026
Uploaded on: 14.07.2026
SOHAN LAL
...Petitioner
VERSUS
STATE OF HARYANA ...Respondent
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Argued by: Mr. Sanjiv Kumar Yadav
, Advocate
for the petitioner.
Ms. Kanica Sachdeva, DAG Haryana.
****
SHALINI SINGH NAGPAL, J.
1. Petitioner seeks quashing of Kalandra/Complaint filed against him
petitioner vide DD No. 24 dated 05.08.2021 under Section 182 Indian Penal
Code, Police Station, Shahbad Markanda, District Kurukshetra and all
subsequent proceedings arising therefrom.
2. Facts relevant for disposal of the petition are that on 26.08.2020
petitioner made a complaint alleging that on 26.08.2020 at about 12 Noon, he
went to the fields of village Atwan, where MANREGA Scheme work was in
progress. He was speaking to the Sarpanch when Jai Bhagwan abused him and
threatened to inflict blows with Kassi. When he was returning to his plot, at
about 2.00 PM, he went to the house of Suraj Bhan, elder brother of Jai
Bhagwan to lodge protest. Jai Bhagwan, Suraj Bhan and sons of Jai Bhagwan
CRM-M-43180-2023 (O&M) -2-
inflicted slaps and blows to him in the middle of the street and made caste
related remarks. Legal action was prayed for.
3. On the complaint, FIR No. 327 dated 28.06.2020 under Sections
323, 506, 34 Indian Penal Code and Section 3 of Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, was registered at Police
Station Shahbad, District Kurukshetra. The matter was investigated by the
Deputy Superintendent of Police, who concluded that the circumstances of the
case were found to be suspicious. SHO, Shahbad prepared cancellation report
on 20.08.2020, which was sent to the higher authorities. The police, of the
opinion that Sohan Lal son of Munshi Ram committed offence under Section
182 IPC, initiated Calandra under Section 182 IPC against him in the Court of
Sub Divisional Judicial Magistrate, Shahbad.
4. Learned counsel for the petitioner submits that police wrongly
investigated the FIR. Despite oral and scientific evidence, the FIR was wrongly
cancelled. Aggrieved with the cancellation, petitioner filed a complaint before
learned Sub Divisional Judicial Magistrate, Shahbad, which was pending
adjudication. Upon filing of the Calandra/complaint bearing No.
CHI/268/2021, petitioner was summoned to face trial under Section 182 IPC on
09.02.2021. Relying upon judgment passed by a Co-ordinae Bench of this
Court in Harminder Singh and Another Vs. State of Haryana,
2023:PHHC:104993, he submits that the Calandra was filed after one year of
the preperation of cancellation report and was clearly barred by limitation.
Learned SDJM, Shahbad, therefore, could not have taken cognizance in view of
the statutory provisions i.e. Section 468 Cr.P.C. read with Section 469 Cr.P.C.
CRM-M-43180-2023 (O&M) -3-
5. The only ground pressed by learned counsel for the petitioner is
that the Calandra is barred by limitation. To appreciate the argument, reference
to the legal provisions could be required. Section 182 IPC reads as under:
“Section 182. False information, with intent to cause public servant
to use his lawful power to the injury of another person.—
Whoever gives to any public servant any information which he knows
or believes to be false, intending thereby to cause, or knowing it to be
likely that he will thereby cause, such public servant—
(a) to do or omit anything which such public servant ought not to do
or omit if the true state of facts respecting which such information is
given were known by him, or
(b) to use the lawful power of such public servant to the injury or
annoyance of any person, shall be punished with imprisonment of
either description for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.”
6. Sections 468 and 469 Cr.P.C. also read thus:
‘Section 468. Bar to taking cognizance after lapse of the period
of limitation.
(1) Except as otherwise provided elsewhere in this Code, no Court
shall take cognizance of an offence of the category specified in
sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be--
(a) six months, if the offence is punishable with fine only;
CRM-M-43180-2023 (O&M) -4-
(b) one year, if the offence is punishable with
imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with
imprisonment for term exceeding one year but not exceeding
three years.
(3) For the purposes of this section, the period of limitation in
relation to offences which may be tried together, shall be
determined with reference to the offence which is punishable with
the more severe punishment or, as the case may be, the most severe
punishment.
“Section 469. Commencement of the period of limitation--
(1) the period of limitation, in relation to an offender, shall
commence –
(a) on the date of the offence; or
(b) where the commission of the offence was not known to
the person aggrieved by the offence or to any police officer,
the first day on which such offence comes to the
knowledge of such person or to any police officer,
whichever is earlier; or
(c) where it is not known by whom the offence was
committed, the first day on which the identity of the offender
is known to the person aggrieved by the offence or to the
CRM-M-43180-2023 (O&M) -5-
police officer making investigation into the offence,
whichever is earlier.
(2) In computing the said period, the day from which such period
is to be computed shall be excluded.”
In the case of ‘Vineet Sood versus State of Punjab and another
(CRM-M-13495-2015 decided on 05.04.2022), this Court while dealing with a
similar matter, observed:-
“11. The primary contention raised by the petitioner is that the
filing of the Calandra was beyond the period of limitation, and
therefore, the Court could not have taken the cognizance of the
same.
XXXX XXXX XXXX
16. This Court has dealt with the issue of limitation and
cognizance in various judgments with respect to offences under
Section 182 IPC. The same are reproduced hereinbelow:-
In the case of ‘Jagraj Singh versus State of Punjab,
(1993) 2 RCR (Criminal) 633, this Court has observed as under:-
“6. This is an admitted fact that enquiry was held in the case by
Deputy Superintendent of Police, who came to the conclusion that
case against Zora Singh, Sukhdev Singh etc. was false and on 5-8-
1990 S.I Daya Singh made a report in the Rojnamcha and
recommended action under Section 182 of the Indian Penal Code
against the petitioner. The calendra was, however, presented in
CRM-M-43180-2023 (O&M) -6-
Court in July, 1992 i.e after about 23 months of the detection of
the fact that FIR No. 64 of 1990 was false. Under Section 468 of
the Code of Criminal Procedure the period of limitation for filing a
Calendra under Section 182 IPC is one year because the
punishment for the offence is prescribed upto six months or fine of
Rs. 1000/- or both. The limitation started running from 5-8-1990
and no Court could take cognizance of the offence after the expiry
of period of limitation”.
In the case of ‘Harbhajan Singh Bajwa versus Senior
Superintendent of Police, Distt. Patiala and another, (2000) 3 RCR
(Criminal) 94, this Court has observed as under:-
“3. Whenever any information is given to the authorities and when
the said authority found that the averments made in the complaint
were false, it is for the said authority to initiate action under
Section 182 IPC. The offence under Section 182 IPC is punishable
with imprisonment for a period of six months or with fine or with
both. When the authorities themselves found in the years 1996 and
1997 after due investigation that the averments made by Ashwani
Kumar in his complaint were false, it is for them to initiate
proceedings immediately or within the prescribed period as
provided under Section 468 Code of Criminal
Procedure. The acceptance of the cancellation report by the Court
is immaterial. It does not save the limitation under Section 468 Cr.
P. C. which prescribes the period of one year for taking
CRM-M-43180-2023 (O&M) -7-
cognizance if offence is punishable, with imprisonment for a term
not exceeding one year. Since the offence under Section 182 IPC is
punishable with imprisonment for a period of six months only, the
authority should file the complaint under Section 182 IPC within
one year from the date when that authority found that the
allegations made in the complaint were false. Since more than four
years lapsed from the date when the authority found the
allegations were false, no question of filing any complaint under
Section 182 IPC at this belated stage arises.
*** **** **** ***
“5. Therefore, it is the date for starting limitation when the
investigating agency concludes the investigation and finds the
averments in the complaint are false. The acceptance of
cancellation report will not extend the time. Under Section 469 of
the Code of Criminal Procedure, where the commission of the
offence is not known to the person aggrieved by the offence or to
any police officer the first day on which such offence comes to the
knowledge of such person or any police officer, whichever is
earlier. Therefore, when the police officer finds that the complaint
was false, it is that date when the limitation starts.”
This Court, in the case of ‘Gammi @ Gama versus State of
Punjab and another, (2009) 2 RCR (Criminal) 1, has held as follows:-
CRM-M-43180-2023 (O&M) -8-
“9. After investigation of the FIR recorded on 2.2.2001, the
cancellation report was filed before the Court on 15.4.2001. It can,
thus, be said that by 15.4.2001, it was in the knowledge of police
that false FIR has been registered by or at the behest of the
petitioner. This was further given colour of falsehood, when
complaint in this regard, in the form of calendra under Section 182
IPC, was filed on 12.8.2003. This was taken notice of by the Court
on 25.8.2003 and notice issued to the petitioner and others. It can,
thus, be stated that by 25.8.2003, the offence as well as offenders
were known. Offence in this case was committed on the date when
the false FIR was filed on 2.2.2001. By 15.4.2001, the offence and
the offender were known. The complaint, thus, could be filed
within one year from 15.4.2001. It was filed only on 12.8.2003.
Thus, it can safely be stated that on date when the cognizance of
the offence was taken by the Magistrate i.e. On 25.8.2003, the
period of limitation, as prescribed under Section 468 Cr.P.C., had
already expired. Section 468 Cr.P.C. would bar the Magistrate to
take cognizance of the offence in this case.
10. In State of Punjab v. Sarwan Singh, 1981 Crl.L.J.722, the
Hon'ble Supreme Court held that the object of Criminal Procedure
Code in putting a bar of limitation on prosecution was clearly to
prevent the parties from filing cases after a long time, as a result of
which the material evidence may disappear and also to prevent
abuse of the process of the court by filing vexatious and belated
CRM-M-43180-2023 (O&M) -9-
prosecutions long after the date of offence. Further, in Moti Pathak
and others v. State of U.P., 1988(2) Crimes 659, it was observed
that the plea of bar of limitation can be raised at any stage of
proceedings and that even when it was not raised, the Magistrate
should have considered his power and authority in the light of
sections 468 and 473 Cr.P.C.
11. Learned counsel for the petitioner has also drawn my attention
to a judgment of this Court in Harbhajan Singh Bajwa Vs. Senior
Superintendent of Police, Distt. Patiala and another, 2000 (3)
R.C.R. (Criminal) 94. This was a case almost identical to the facts
in the instant case. The complaint lodged with the police was
found to be false and cancellation report was submitted in the year
1997. The prosecution of the complainant was sought under
Section 182 IPC. It was held by this Court that limitation of one
year would start when the police filed cancellation report and not
when the Magistrate accepted the cancellation report in October
1999. It was accordingly held that prosecution of this complaint
would be barred under the provisions of Section 468 Cr.P.C. In
case of Jagraj Singh Vs. State of Punjab, 1993 (2) R.C.R.
(Criminal) 633, similar view was taken by this Court by holding
that period of limitation of one year would start from the date
when police found it to be false report. Thus, it can safely be
concluded that cognizance of offence taken in this case by the
CRM-M-43180-2023 (O&M) -10-
Court would be barred by limitation as laid down under Section
468 Cr.P.C”.
This Court, in the case of ‘Sher Ali son of Lal Hussain versus State of
Punjab through Home Secretary and another, (CRM-M-20262-2009 decided
on August 05, 2010) has observed as below:-
“6. After giving my thoughtful consideration, to the rival
contentions, raised by the Counsel for the parties, in my
considered opinion, the petition, is liable to be accepted, for the
reasons, to be recorded, hereinafter. Undisputedly, FIR, was
lodged, by one Nizamuddin, whose name was, later on, found to be
false, and, on the other hand, he was found to be Kaka. There is,
no dispute, that enquiry, was held, by the Deputy Superintendent of
Police (HQ), Ropar, and, he found, that the FIR, had been falsely
lodged, by alleged Nijamuddin, in connivance with the petitioner,
and other co-accused. The cancellation report, in the FIR, was
prepared, on 15.04.01, and, it was submitted, in the Court, on that
day. The Kalendra, was prepared, for taking action, against the
petitioner and others, for lodging false complaint, and, was filed,
on 12.08.03, in the Court of Chief Judicial Magistrate. The
maximum punishment, provided for the offence, punishable under
Section 182 IPC, is six months. The prosecution, therefore, could
be launched, byway of filing the Kalendra, against the petitioner,
within one year, from the date the cause of action accrued.
CRM-M-43180-2023 (O&M) -11-
7. The perusal of the provisions of the aforesaid Sections, clearly
goes, to show, that the period of limitation, in relation to an
offence, would commence, from different dates, depending upon
three situations, as noticed, in Section 469(a)(b)(c). Thus, the
period of limitation, would commence, from the date of offence, or
from some different dates, depending upon the knowledge about
the offence or identity of the offender. The period of limitation,
accordingly would commence, from the date of offence, if the
identity of the offenders is known. After investigation of the FIR,
recorded on 02.02.01, cancellation report, was filed, on 15.04.01 It
means that, on 15.04.01, the respondents, came to know, that false
FIR, had been got registered by alleged Nijamuddin, at the behest
of the petitioner. Kalendra, under Section 182 IPC, therefore,
could be filed, within a period of one year, from 15.04.01, when the
respondents, came to know, with regard to the falsity of the FIR.
On the other hand, it was filed, on 12.08.03, in the Court. The
Court, issued notice, for 25.08.03 The Kalendra, having been filed,
on 12.08.03, and, cognizance thereof, having been taken, on
25.08.03, it could be said, that the prosecution, launched, was
barred by limitation. In State of Punjab v. Sarwan Singh, 1981,
Crl. L.J, 722, the Apex Court, held that, the object of Criminal
Procedure Code, in putting a bar of limitation, on prosecution,
was clearly, to prevent the parties, from filing cases, after a long
time, as a result whereof, the material evidence may disappear and
CRM-M-43180-2023 (O&M) -12-
also to prevent abuse of the process of Court, by filing vexations
and belated prosecutions, long after the date of offence. In Moti
Pathak and others v. State of U.P, 1988(2), Crimes, 659, it was
held, that the plea of bar of limitation, can be raised, at any stage
of proceedings, and, even when, it was not raised, the Magistrate,
should have considered his power and authority, in the light of
Sections 468 and 473 Cr.P.C In Harbhajan Singh Bajwa v. Senior
Superintendent of Police, District Patiala and another, 2000(2),
RCR (Criminal), 94, the complaint, was lodged with the Police. It
was found to be false and cancellation report, was submitted, in
the year 1997. The prosecution of the complainant, was sought,
under Section 182 IPC. It was held, by this Court, that limitation
of one year, would start, when the Police filed cancellation report
and not when, the Magistrate, accepted the cancellation report, in
October, 1999. It was, accordingly, held that the prosecution of the
complaint, would be barred, under the provisions of Section 468
Cr.P.C In Jagraj Singh v. State of Punjab, 1993(2), RCR
(Criminal), 633, a similar view, was taken, by this Court, by
holding, that the period of limitation of one year, would start, from
the date, when Police found it to be false report. Thus, it can safely
be concluded, that the prosecution launched, in this case, was
barred by limitation, as envisaged by Section 468 Cr.P.C, and, as
such, the Court below, could not take cognizance of the offence,
under Section 182 IPC. Continuation of Kalendra and the
CRM-M-43180-2023 (O&M) -13-
subsequent proceedings, therefore, would be nothing, but an abuse
of the process of Court. The same, are liable, to be quashed.”
In the case of ‘Surjit Singh versus State of Punjab and another,
(CRM-M-30364-2010 decided on September 05, 2011) this Court has observed
as under:-
“In the present case, admittedly, the cancellation report was
prepared on 10.08.2022, whereas, the calendra under Section 182
IPC was presented on 25.10.2003. Thus, the calendra was
presented after the expiry of the period of
limitation. As per Section 468 Cr.P.C., the period of limitation
shall be one year if the offence is punishable with punishment for a
term not exceeding one year. The punishment for an offence under
Section 182 IPC is an imprisonment which may extend to six
months or with fine which may extend to 1,000/- rupees or with
both. Thus, the calendra could have been presented within one
year from the date when the investigating agency had concluded
that the averments in the complaint were false.
However, in the present case the calendra has been presented after
the period of limitation as envisaged under Section 468 Cr.P.C”.
In the case of ‘Rajnish Kumar versus State of Punjab and
another, (CRM-M-1184 of 2011 decided on January 17, 2012), this Court has
observed as under:-
CRM-M-43180-2023 (O&M) -14-
“Another aspect of the case is that it came to the notice of the
Station House Officer, Police Station Gardhiwala, District
Hoshiarpur on 25.08.2006 that the contents of the application
presented by the petitioner were false. This fact is clear from the
bare perusal of the Kalendra (Annexure P1), which was prepared
on 25.08.2006 but the same was presented before the Court on
24.01.2008 i.e beyond the period of one year. Therefore, it was
filed beyond the period prescribed in Section 468 of the Code of
Criminal Procedure. To support the above view, the reference can
be made to 1981 SCC (Crl.) 625 State of Punjab v. Sarwan Singh,
1993(2) RCR(Crl.) 633 Jagraj Singh v. State of Punjab and
2009(2) RCR (Crl.) 1 Gammi @ Gama v. State of Punjab and
another. The essence of above authorities is that period of
limitation for filing the Kalendra under Section 182 IPC is one
year.
In view of the above settled prepositions of law, the Kalendra
(Annexure P1) titled Rajnish Kumar v. State of Punjab, pending
before Judicial Magistrate Ist Class, Dasuya and consequential
proceedings arising therefrom are hereby quashed”.
This Court, in the case of ‘Manvinder Kaur and Others versus
State of Punjab and another, (CRM-M-27175-2012 decided on January 22,
2013) has made the following observations:-
“The sole ground of challenge is that filing of this calendra is
barred by limitation. According to the counsel for the petitioners,
CRM-M-43180-2023 (O&M) -15-
offence under Section 182 IPC was committed on the date, the
false allegations were made by the petitioners in this FIR. The
falsity of the allegations would be to the knowledge of the
investigating agency when they prepared cancellation report.
Obviously, this cancellation report was filed in the Court on
30.08.2010. Accordingly, the falsity of the allegation would be to
the knowledge of the investigating agency with effect from this
date when cancellation report was filed in the Court.
Section 468 Cr.P.C., regulates the period for taking cognizance
and the period during which such cognizance can be taken. As per
this Section, except as otherwise provided, no court, shall take
cognizance of an offence of the category specified in sub- section
(2), after expiry of the period of limitation. The period of limitation
as provided under this Section, six months, if the offence is
punishable with fine only; one year, if the offence is punishable
with imprisonment for a term not exceeding one year; three years,
if the offence is punishable with imprisonment for a term
exceeding one year but not exceeding three years.
Accordingly, the counsel contends that the offence
under Section 182 IPC is punishable upto six months and as such
limitation for taking cognizance of the offence under this Section
would be one year as per the provisions made in Section 468
Cr.P.C. How the period of limitation as to commence would be
governed by Section 469 Cr.P.C. This Section provides that period
CRM-M-43180-2023 (O&M) -16-
of limitation, in relation to an offence, shall commence on the date
of the offence or where the commission of offence is not known to
the person, aggrieved by the offence or to any police officer, the
first day on which such offence comes to the knowledge of such
person or to any police officer, whichever is earlier. In addition,
where it is not known by whom the offence is committed, the first
day on which the identity of the offender is known to the person
aggrieved by the offence or to the police officer making
investigation into the offence, whichever is earlier.
The day, the cancellation report was submitted in the Court in the
FIR lodged by petitioner No. 3, the police officer making
investigation was in the knowledge that the offence of making false
allegation has been committed. He would also have knowledge
about the offender. Accordingly, the date the cancellation report
was prepared or atleast submitted before the Court would be a day
from which the limitation in this case would commence. Having
submitted the cancellation report on 30.08.2010, the calendera in
this case has been filed on 23.08.2012. This calendera could have
been filed within a period of one year from the date of knowledge
of offence and the offender. Since the same has been filed almost
after two years, the plea of bar of limitation would certainly be
available to the petitioners to challenge the said action of the
respondents.
CRM-M-43180-2023 (O&M) -17-
In support, the counsel for the petitioners has relied
upon the case of Harbhajan Singh Bajwa versus Senior
Superintendent of Police, Distt. Patiala and another 2000 (3)
R.C.R. (Criminal) 94, where this Court has viewed that the
prosecution of complaint under Section 182 IPC has a limitation
for a period of one year and this would start when the police filed
cancellation report and not when the Magistrate accepted the
cancellation report. The same issue was considered in the case of
Gammi @ Gama versus State of Punjab and another 2009 (2)
R.C.R. (Criminal) 1. The judgment passed in this case of
Harbhajan Singh Bajwa (supra) was followed in this case. The
relevant observation may be noted here as under:-
" After investigation of the FIR recorded on 2.2.2001, the
cancellation report was filed before the Court on 15.4.2001. It can,
thus, be said that by 15.4.2001, it was in the knowledge of police
that false FIR has been registered by or at the behest of the
petitioner. This was further given colour of falsehood, when
complaint in this regard, in the form of calendra under Section 182
IPC, was filed on 12.8.2003. This was taken notice of by the Court
on 25.8.2003 and notice issued to the petitioner and others. It can,
thus, be stated that by 25.8.2003, the offence as well as offenders
were known. Offence in this case was committed on the date when
the false FIR was filed on 2.2.2001. By 15.4.2001, the offence and
the offender were known. The complaint, thus, could be filed
CRM-M-43180-2023 (O&M) -18-
within one year from 15.4.2001. It was filed only on 12.8.2003.
Thus, it can safely be stated that on date when the cognizance of
the offence was taken by the Magistrate i.e. on 25.8.2003, the
period of limitation, as prescribed under Section 468 Cr.P.C., had
already expired. Section 468 Cr.P.C. would bar the Magistrate to
take cognizance of the offence in this case."
In view of above legal position, the limitation for taking
cognizance in this case would commence from 30.08.2010 when
cancellation report was submitted. On this date, the police officer
knew the commission of offence under Section 182 IPC. It is clear
that the calendera in this case has been filed beyond the period of
limitation. The same, therefore, cannot be sustained. The petition
is allowed. The calendera and all subsequent proceedings pending
against the petitioners are hereby quashed”.
In the case of ‘Ajay Kumar Jain and others versus State of
Punjab and another (CRM-M-28446 of 2013 decided on September 10, 2015),
this Court has observed as under:-
“6. At the time of arguments, this fact is admitted by the learned
State counsel that Calendra was prepared on 14.05.2010 and it
was presented before the learned Sub Divisional Judicial
Magistrate, Malerkotla, on 18.2.2013. As the Calendra was
prepared on 14.5.2010, so at least it can be said that at that time
the Police was in the knowledge regarding the commission of the
offence under Section 182 IPC. The period of limitation for
CRM-M-43180-2023 (O&M) -19-
presentation of Calendra is one year only. But this Calendra has
been presented on 18.2.2013 as per Annexure P-3 i.e. beyond the
period of limitation. Section 469 Cr.P.C. states that the cause of
action will arise when the fact came to the knowledge of the
person or of the Police officials. The Police already came to the
knowledge of these facts regarding commission of offence under
Section 182 IPC. The Calendra was prepare on 14.5.2010 and the
same was presented on 18.2.2013 beyond the period of limitation
and is time barred.
7. Therefore, the Calendra being time barred, this petition is
allowed and the Calendra and all subsequent proceedings are
hereby quashed”.
17. A perusal of the aforementioned judgments would show that in
terms of Section 468 Cr.P.C read with Section 469 Cr.P.C. the
period of limitation for filing of a Kalendra shall be one year if the
offence is punishable with the imprisonment for a term not
exceeding one year and the said period of limitation will
commence in terms of Section 469(b) Cr.P.C. on the day when the
said offence comes to the knowledge of such person or to a police
officer.
18. In the present case, for an offence under Section 182 IPC, the
sentence of imprisonment may extend to six months. The same is
the punishment prescribed under Section 66 of the Punjab Police
Act. Meaning thereby that the bar to take cognizance shall be one
CRM-M-43180-2023 (O&M) -20-
year from the date of the offence or from the date on which such
offence came to the knowledge of a person/police officer.”
7. Identical issue was involved in Harminder Singh’s case (supra),
wherein the Court opined:
“9. In the instant case, the FIR came to be registered on
07.10.2018. As per the contentions raised by the petitioner, the
offence under Section 307 IPC stood deleted on 18.10.2018. Be
that as it may, the report under Section 173(2) Cr.P.C. was
certainly filed on 20/30.07.2019 after the deletion of Section 307
IPC. Therefore, it was apparent that at least on the date when the
challan was submitted after the deletion of Section 307 IPC, the
concerned officers were deemed to have the knowledge of the fact
that an offence under Section 182 IPC might have been committed
as regards the offence under Section 307 IPC. The Calendra has
been filed on 19.08.2020. Therefore, going by the date of the
report under Section 173(2) Cr.P.C. which is 20/30.07.2019, the
Calendra ought to have been filed prior to 01.08.2020. However,
the instant Calendra came to be filed only on 18.08.2020.
Therefore, it is apparent that the Calendra was filed more than one
year after the presentation of the report under Section 173(2)
Cr.P.C. wherein the offence under Section 307 IPC had been
deleted, and therefore, the Court could not have taken cognizance
and issued notice to the petitioners-complainant.”
CRM-M-43180-2023 (O&M) -21-
8. Undisputed facts of the case, are tabulated hereunder for ready
reference:
26.08.2020 FIR No. 327 under Sections 323, 506, 34 IPC and Section 3 The
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 was registered at Police Station Shahbad,
District Kurukshetra.
20.07.2020 SHO, Police Station Shahbad, prepared cancellation report,
which was sent to higher authorities.
08.09.2020 Private complaint under Sections 323, 506, 34 IPC was instituted
by the petitioner before the Court of learned SDJM, Shahbad.
05.08.2021 Police initiated Calandra under Section 182 IPC, vide DD No.
24 dated 05.08.2021 against petitioner for lodging false FIR.
02.09.2021 Petitioner Sohan Lal was summoned by learned SDJM,
Shahbad, in the aforesaid Calandra to face trial.
9. Applying Section 469 Cr.P.C., the first day when the false
information given to the police officer by the petitioner, came to the knowledge
of the police was the day when the police prepared cancellation report i.e.
20.07.2020. The offence under Section 182 IPC being punishable with
imprisonment upto 06 months or with fine or with both, the period of limitation
for taking cognizance of the offence was within 01 year as per Section 468(2)
Cr.P.C. The cancellation report was prepared on 20.07.2020 and that would be
the starting point of limitation. The Calandra under Section 182 IPC has been
filed on 05.08.2021, beyond the period of 01 year after the police prepared
cancellation report. The Court, therefore, could not have taken cognizance by
CRM-M-43180-2023 (O&M) -22-
issuing notice to the petitioner-complainant on 02.09.2021, after expiry of
period of limitation.
10. The petition, therefore, is allowed. Calandra/complaint filed vide
DD No. 24 dated 05.08.2021 under Section 182 Indian Penal Code, Police
Station Shahbad, Markanda, District Kurukshetra and all subsequent
proceedings arising therefore are hereby quashed, qua the petitioner.
11. Pending CRM(s), if any, are also disposed of accordingly.
(SHALINI SINGH NAGPAL)
July 14, 2026 JUDGE
Ajay Goswami
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
The Punjab and Haryana High Court recently delivered a significant ruling concerning the application of limitation periods under the Criminal Procedure Code, particularly affecting cases involving the **Quashing of Calandra** and **Section 182 IPC Limitation**. This important judgment, **Sohan Lal vs. State of Haryana (CRM-M-43180-2023)**, pronounced on July 14, 2026, is now available on CaseOn, highlighting crucial aspects of legal procedure that every practitioner should be aware of.
The petitioner, Sohan Lal, sought to quash a Calandra/complaint filed against him under Section 182 of the Indian Penal Code (IPC), along with all subsequent proceedings. The core of his argument rested on the premise that the Calandra was initiated beyond the statutory period of limitation.
The central legal question before the Hon'ble Punjab and Haryana High Court was whether the Calandra/complaint filed under Section 182 IPC against the petitioner was time-barred under the provisions of the Criminal Procedure Code, thereby rendering the court's cognizance of the offence invalid.
The Court relied on the following key legal provisions and established precedents:
Numerous precedents from the Punjab and Haryana High Court were cited, consistently holding that for offences under Section 182 IPC, the one-year limitation period commences from the date the investigating agency concludes its investigation and finds the complaint to be false, or when the cancellation report is prepared/filed, not necessarily when it is accepted by the Magistrate. These include cases like Harminder Singh and Another Vs. State of Haryana, Vineet Sood versus State of Punjab and another, Jagraj Singh versus State of Punjab, and Harbhajan Singh Bajwa versus Senior Superintendent of Police, Distt. Patiala and another.
The facts of the case revealed that the petitioner, Sohan Lal, filed a complaint on August 26, 2020. An FIR was registered under various sections, including the SC/ST Act. However, the subsequent investigation led the Deputy Superintendent of Police to deem the circumstances suspicious, prompting the Station House Officer (SHO) to prepare a cancellation report on July 20, 2020. This cancellation report was then sent to higher authorities.
Following this, the police, forming the opinion that Sohan Lal had committed an offence under Section 182 IPC by lodging a false FIR, initiated a Calandra against him on August 5, 2021 (vide DD No. 24). Subsequently, Sohan Lal was summoned by the learned SDJM, Shahbad, on September 2, 2021.
Applying the legal rules, the High Court determined that the offence under Section 182 IPC is punishable with imprisonment not exceeding one year, making the limitation period one year as per Section 468(2)(b) Cr.P.C. Crucially, the period of limitation began on July 20, 2020, the date when the police prepared the cancellation report and thus gained knowledge that the information provided by the petitioner was false.
However, the Calandra under Section 182 IPC was filed on August 5, 2021. This date falls beyond the one-year limitation period that commenced on July 20, 2020. Therefore, the Court found that the cognizance taken by the learned SDJM on September 2, 2021, and the subsequent issuance of notice to the petitioner, occurred after the expiry of the statutory limitation period.
For legal professionals analyzing such intricate rulings, CaseOn.in's 2-minute audio briefs prove invaluable, offering swift comprehension of these specific judgments and their procedural implications.
Based on the detailed analysis of facts and established legal principles, the Punjab and Haryana High Court concluded that the Calandra/complaint filed against Sohan Lal under Section 182 IPC was clearly time-barred. Consequently, the Court allowed the petition, quashing the Calandra/complaint filed vide DD No. 24 dated August 5, 2021, and all subsequent proceedings arising therefrom, insofar as they pertain to the petitioner.
The original court document, CRM-M-43180-2023, meticulously details a petition seeking the quashing of a Calandra/complaint under Section 182 IPC. It outlines the sequence of events from the initial complaint by Sohan Lal, the registration of an FIR, the police investigation leading to a cancellation report on 20.07.2020, and the subsequent initiation of the Calandra on 05.08.2021. The judgment extensively quotes Sections 182 IPC, 468 Cr.P.C., and 469 Cr.P.C., alongside a comprehensive list of precedents from the Punjab and Haryana High Court. The core finding is that the one-year limitation period for Section 182 IPC commences when the police become aware of the false information (i.e., the date of the cancellation report), and in this case, the Calandra was filed beyond that period, rendering it untenable.
This judgment is a critical resource for legal professionals and students alike for several reasons:
All information provided in this analysis is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult with a qualified legal professional for advice pertaining to their specific circumstances. Reliance on this information for legal action is at the reader's own risk.
Legal Notes
Add a Note....