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Category: High Court of Allahabad Judgment or Order or Notification

Sabiya Begum Malka Vs State of U.P. and Ors on 18 May 2016

Posted on January 24 by ShadesOfKnife

A division bench of Allahabad High Court (Lucknow Bench) imposed costs on 5 identified police officers (@Rs.15,000/- per officer) to be paid to the Petitioner-Mother of the deceased minor girl who was allegedly raped and murdered, because these 5 people did not register FIR and investigate the case for 6 months despite an Order u/s 156(3) by a competent Magistrate to do so.

From Paras 21-24,

21. In the case in hand though order was passed by the Magistrate under Section 156(3) Cr.P.C. on 3.9.2015 yet without any reason whatsoever, factual or legal, the F.I.R was not registered. Investigation was not under taken for over six months. The First Information Report has been registered after intervention of this court by way of seeking an explanation from the Station House Officer vide order dated 15.3.2016. The inaction of the concerned officers has interfered in administration of criminal justice delivery system.
22. As has been held in the inquiry report submitted by the Circle Officer concerned, the five Station House Officers named hereinabove, ignored the order passed by the Magistrate rendered under Section 156 Cr.P.C. and have also failed in discharging their statutory duty under Section 154 Cr.P.C. The petitioner, had to approach the Magistrate again. When no action was taken, the petitioner had to approach this Court with the grievance.
23. Considering the totality of the facts and circumstances of the case, we hereby impose costs in the sum of Rs.75,000/- to be collected from all the five police officers mentioned in the above portion of the judgment, to be paid to the petitioner.
24. The cost amount has been paid to the petitioner in court in cash today.

Sabiya Begum Malka Vs State of U.P. and Ors on 18 May 2016

Index here.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned Sabiya Begum Malka Vs State of U.P. and Ors | Leave a comment

Maya and Ors Vs State of U.P. and Ors on 19 Mar 2021

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Allahabad High Court held as follows,

Learned counsel for the petitioners submits that the petition under Section 12 of the Domestic Violence Act was filed by the petitioners way back on
16.07.2016 and despite the opposite party nos.2 to 8 have been served, the petition is still pending before the court below and the same has not been
decided as provided under Section 12(5) of the Domestic Violence Act. While drawing the attention of this Court towards the order-sheet of the case, it has been submitted that now the case is pending for cross examination of the prosecution witness no.3.
Learned A.G.A. would have no objection to the prayer of the petitioners as it is otherwise the mandate of law to dispose of the cases pertaining to the Domestic Violence Act at the earliest.
Having heard learned counsel for the parties, perused the record and having regard the nature of order proposed to be passed, issuance of notice to the opposite party nos.2 to 8 is dispensed with.
Having regard to the provisions under Section 12(5) of the Domestic Violence Act, the petition is disposed of with the direction to the learned Judicial Magistrate-I, Lucknow to make all endeavors to decide the above-mentioned complaint case within two months from the date of production of a certified copy of this order, without granting soft adjournments to either of the parties, in accordance with law.

Maya and Ors Vs State of U.P. and Ors on 19 Mar 2021

Other Sources:

https://indiankanoon.org/doc/51997103/


Connects to a PIL here.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision Maya and Ors Vs State of U.P. and Ors PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

Waseem Vs State of UP and Anr on 30 Aug 2022

Posted on September 7, 2022 by ShadesOfKnife

A single judge at Allahabad High Court, held as follows:

From Para 34,

In paragraph No. 4 of the affidavit, it is mentioned that a meeting was convened on 26.8.2022 under the Chairmanship of Additional Chief Secretary (Home), Government of Uttar Pradesh, Lucknow, which was attended by Mr. B.D. Paulson, Secretary, Home Department, Government of U.P. Lucknow, Mr. Tarun Gauba, Secretary Home Department, Government of Uttar Pradesh, Lucknow, Mr. M.K. Bashal, Additional Director General of Police (Crime), U.P. Lucknow, Mr. Prem Prakash, Additional Director General of Police, Prayagraj Zone, Prayagraj (through video conferencing), Mr. Amit Pathak, Deputy Inspector General of Police (Public Grievance) DGP Headquarters, U.P. Lucknow, Mr. Rakesh Kumar Malpani, Special Secretary, Home Department, Dr. A.K. Singh, Special Secretary, Home Department, Mr. Shiv Kumar Pal, Government Advocate, High Court, Allahabad (through video conferencing), Mr. M.C. Chaturvedi, Additional Advocate General, High Court, Allahabad (through video conferencing) and Mr. Ashish Singh, Senior Prosecuting Officer and after due deliberation, following decisions were taken:
(i) Postmortem and injury reports must be typed out and made easily legible and practice of handwritten reports be discontinued.
(ii) During the postmortem examination, there should be DNA and fingerprint sampling and necessary software must be developed for this purpose.
(iii) In cases of gunshot injuries, instead of full body xray, the x-ray should be of the area where the wound is located. However, in such cases where the wound of entry or exit is not apparent, the need of taking x-ray be made mandatory.
(iv) During postmortem examination, the injuries on the dead body should be photographed in colour to highlight the same.
(v) An index be prepared to be appended with each case diary, which is submitted before the Prosecutor/Hon’ble Judges. It should be explored if necessary facility can be provided through CCTNS software.
(vi) A synopsis be prepared of the contents of the report containing the opinion of the investigating officer as encapsulated in the report under Section 173(2) Cr.P.C. An index should also be prepared for convenient perusal and reference. This synopsis be a part of the report under Section 173(2) Cr.P.C.
(vii) The importance of the role of the supervisory officer be emphasized and that the said officer should not function only as a post office. Every investigation must be scrutinized in a microscopic manner and any lacuna or lapse must be pointed out to the investigating officer. Provisions should also be made for training the investigating officer on a regular basis.
(viii) Senior Supervisory Officers must submit the report submitted by the police under Section 173(2) Cr.P.C expeditiously and not hold it back in their custody needlessly. In this context, a letter dated 05.05.2016 had already been issued by the Director General of Police, U.P. Lucknow.
(ix) Before ordering further investigation under Section 173(8), it is desirable to seek permission/give information to the concerned learned court, but the necessity of this step be examined in the light of the relevant and applicable statutory provisions and the judgements and observations passed by Hon’ble Apex Court and Hon’ble High Court. In all cases where the statements of witnesses are recorded using audio/video mode, the relevant material be made part of the case diary by means of compact disc/pen drive.
(x) The font size used for preparing the case diary be increased to a size, which would facilitate easy and legible perusal of the same. For this purpose, the cooperation of NIC be sought to implement the increase in font-size in the records, uploaded on the CCTNS.
(xi) The strict adherence be ensured to the statutory provisions encapsulated in Section 65B IPC and that investigating officer be trained to adopt a sensitive approach in these matters.
(xii) It was emphasized that proper directions be imparted to supervisory officers to ensure that they perform their duty efficiently and diligently. It was informed by the Additional Director General of Police (crime) that in all districts (pan state) training was being imparted in orderly room and by crime meetings. The Additional Chief Secretary (Home), Government of U.P., Lucknow issued directions that action be initiated against those investigating officer who displayed negligence in discharging their duties and thereby impair fair and proper investigation.

(xiii) In every district, the Joint Director (Prosecution) should head a legal cell, which should be established with the aim to educate all investigating officers with the latest amendments in criminal law and the judgements passed by the Hon’ble Apex Court and Hon’ble High Court.
(xiv) Lastly, it was decided that the necessary government order/circular/road-map, which was to be issued covered a vast range and the support and cooperation of technical and other departments was required.

Waseem Vs State of UP and Anr on 30 Aug 2022
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged CrPC 161 - Examination of Witnesses By Police Issued or Recommended Guidelines or Directions or Protocols to be followed Waseem Vs State of UP and Anr | Leave a comment

Malhan and 17 Ors Vs State of UP and Anr on 07 Feb 2022

Posted on July 11, 2022 by ShadesOfKnife

A division bench of Allahabad High Court held that, Once the written statement contains an admission in favor of the plaintiff, the amendment of such admission of the defendants cannot be allowed to be withdrawn and such withdrawal would amount to totally displacing the case of the plaintiff which would cause him irretrievable prejudice. In the present case the question now is whether the admission made by the defendant in favour of the plaintiff can be withdrawn and the answer in the language of the apex court is ‘not permissible’.

From Para 4,

4. We have heard Sri Madan Mohan Chaurasiya, learned counsel for the review applicants, and requested him to explain the delay in filing the review application, to which he gave a strange reply that he advised his clients that they may take a chance by filing this review application after a period of six years. We are pained to note that an advocate should not give such an advise when there is no error apparent on the face of record nor was there any other reason that why the matter be re-agitated after it was finally decided.

From Para 7,

7. The expression “sufficient cause” in Section 5 of Act, 1963 has been held to receive a liberal construction so as to advance substantial justice and generally a delay in preferring appeal may be condoned in interest of justice where no gross negligence or deliberate inaction or lack of bona fide is
imputable to parties, seeking condonation of delay. In Collector, Land Acquisition Vs. Katiji, 1987(2) SCC 107, the Court said, that, when substantial justice and technical considerations are taken against each other, cause of substantial justice deserves to be preferred, for, the other side cannot claim to have vested right in injustice being done because of a non deliberate delay. The Court further said that judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so.

Malhan and 17 Ors Vs State of UP and Anr on 07 Feb 2022
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocate Antics Catena of Landmark Judgments Referred/Cited to Legal Procedure Explained - Interpretation of Statutes Limitation Act 1963 Sec 5 - Extension of prescribed period in certain cases Malhan and 17 Ors Vs State of UP and Anr | Leave a comment

Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022

Posted on June 16, 2022 by ShadesOfKnife

A judge from Allahabad High Court used choicest words in this judgment.

From Para 8,

[8] The story narrated in the FIR is not only abhorring, full of dirt, filth and venomous accusations where the informant fiercely abused her own husband and in-laws by using all the ways and means in the tone, tenor and texture in the extreme manner. The graphic and vivid descriptions of the incident without any shame or hitch of any sort which, speaks out volume of mental condition and amount of venom and poison in the mind of the informant. She without mincing any word, rather exaggerating the incident to manifolds, had vomitted the snide before the Court. Interestingly, general and sweeping allegations have been fastened against all the family members for committing sodomy, attempt to rape and illegal abortion etc. upon all the family members with special focus upon her husband, Sahib Bansal.

From Para 12,

[12] The police, after probing the matter in depth, has submitted the charge sheet dropping all the offences, wherein the informant had made wild
accusations in the FIR against her husband and his family members. The aforesaid charge sheet has been filed only under sections 498A, 323, 504, 506, 307 IPC and 3 and 4 of D.P. Act. Thus, it is explicitly clear that the FIR is nothing but a virtual canard and full of venom where the informant unmindful of the fact to its far-reaching repercussions, pasted all the filth upon revisionist in wild manner but was unable to produce any documentary evidence/proof to substantiate the levelled allegations and thus, all the sections of unnatural/oral sex, forcible abortion have gone to haywire resultantly dropped from charge sheet. Not only this, names of Chirag Bansal and Ms. Shipra Jain finds no place in the charge sheet, so filed by the police.

From Para 30,

[30] Yet coming to another aspect of the issue which is disturbing and mind-boggling to the Court. After reading the FIR allegedly lodged by Ms.
Shivangi Bansal after 18 days of the incident, which is ever-abhorring, full of dirt and filth. The graphical description portrayed by her in her FIR is deplorable to be condemned in its strongest terms. The FIR is the place where the informant gives the story mobilizing the State Machinery engaging in the commission of cognizable offence. It is not soft porn literature where the graphical description should be made. Hon’ble the Apex Court in its judgment in the case of Priti Gupta Vs State of Jharkhand, 2010(71) SCC 667 has fastened the liability upon the counsels;

From Para 31,

[31] Therefore, the Court is of the opinion that while deciding the present issue, the Court should not take into these graphical description of the accusation made by the complainant and simply over-look these graphic and distressful allegations made by a lady who after receiving legal advice, pasted those dirt and filth upon her husband and other family members. The interesting feature is that she has been unable to substantiate those allegations even at the time of investigation and these allegations were found false and the sections related to it were dropped.
The Court records its strongest exception to such type of language used by the informant. The language of the FIR should be decent one and no amount of atrocitiesfaced by the informant, would justify her to use such type of castic expressions. FIR/complaint is the gateway of any criminal case even soft and decent expressionwould well communicate the alleged atrocities faced by her.

Guidelines issued from para 35,

[35] Thus, It is directed that :-
(i) No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the “Cooling-Period” which is two months from the lodging of the FIR or the complaint. During this “Cooling-Period”, the matter would be immediately referred to Family Welfare Committe (hereinafter referred to as FWC) in the each district.
(ii) Only those cases which would be transmitted to FWC in which Section 498-A IPC along with, no injury 307 and other sections of the IPC in which the imprisonment is less than 10 years.
(iii) After lodging of the complaint or the FIR, no action should take place without concluding the “Cooling-Period” of two months. During this “Cooling-Period”, the matter may be referred to Family Welfare Committee in each districts.
(iv) Every district shall have at least one or more FWC (depending upon the geographical size and population of that district constituted under the District Legal Aid Services Authority) comprising of at least THREE MEMBERS. Its constitution and function shall be reviewed periodically by the District & Sessions Judge/Principal Judge, Family Court of that District, who shall be the Chairperson or Co-chairperson of that district at Legal Service Authority.
(v) The said FWC shall comprise of the following members :-
(a) a young mediator from the Mediation Centre of the district or young advocate having the practices up to five years or senior most student of Vth year, Government Law College or the State University or N.L.Us. having good academic track record and who is public spirited young man, OR;
(b) well acclaimed and recognized social worker of that district having clean antecedant, OR;
(c) retired judicial officers residing in or nearby district, who can devote time for the object of the proceeding OR;
(d) educated wives of senior judicial or administrative officers of the district.
(vi) The member of the FWC shall never be called as a witness.
(vii) Every complaint or application under Section 498A IPC and other allied sections mentioned above, be immediately referred to Family Welfare Committee by the concerned Magistrate. After receiving the said complaint or FIR, the Committee shall summon the contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down the issue/misgivings between them within a period of two months from its lodging.
The contesting parties are obliged to appear before the Committee with their four elderly persons (maximum) to have a serious deliberation between them with the aid of members of the Committee.
(viii) The Committee after having proper deliberations, would prepare a vivid report and would refer to the concerned Magistrate/police authorties to whom such complaints are being lodged after expiry of two months by inserting all factual aspects and their opinion in the matter.
(ix) Continue deliberation before the Committee, the police officers shall themselves to avoid any arrest or any coercive action pursuant to the applications or complaint against the named accused persons. However, the Investigating Officer shall continue to have a peripheral investigation into
the matter namely preparing a medical report, injury report, the statements of witnesses.
(x) The said report given by the Committee shall be under the consideration of I.O. or the Magistrate on its own merit and thereafter suitable action should be taken by them as per the provision of Code of Criminal Procedure after expiry of the “Cooling-Period” of two months.
(xi) Legal Services Aid Committee shall impart such basic training as may be considered necessary to the members of Family Welfare Committee from time to time(not more than one week).
(xii) Since, this is noble work to cure abrasions in the society where tempos of the contesting parties are very high that they would melow down the heat between them and try to resolve the misgivings and misunderstanding between them. Since, this is a job for public at large, social work, they are acting on a pro bono basis or basic minimum honrarium as fixed by the District & Sessions Judge of every district.
(xiii) The investigation of such FIRs or complaint containing Section 498A IPC and other allied sections as mentioned above, shall be investigated by dynamic Investigating Officers whose integrity is certified after specialized training not less than one week to handle and investigate such matrimonal cases with utmost sincerity and transparancy.
(xiv) When settlement is reached between the parties, it would be open for the District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case.
At the cost of repetition, it is made clear that after lodging of the F.I.R. or the complaint case without exhausting the “Cooling-Period” of two months, no arrest or any coercive action shall be taken against the husband or his family members in order to derail the proceedings before the Family Welfare Committee.

Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements CrPC 227 - Discharge Rejected Dilawar Balu Kurane Vs State Of Maharashtra Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Issued or Recommended Guidelines or Directions or Protocols to be followed K. Subba Rao Vs The State Of Telangana Kahkashan Kausar @ Sonam Vs State of Bihar Misuse of IPC 498A Misuse of Women-Centric Laws Mukesh Bansal Vs State of UP and Anr Preeti Gupta and Anr Vs State Of Jharkhand and Anr Reportable Judgement or Order Sajjan Kumar Vs C.B.I State of Karnataka Vs L. Muniswamy and Ors Union Of India Vs Prafulla Kumar Samal and Anr | Leave a comment

Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014

Posted on May 1, 2022 by ShadesOfKnife

A Full bench of Allahabad High Court held that, an order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397′

In view of the discussion above and for the reasons which we have furnished, we have come to the following conclusion:
(i) Before the Full Bench of this Court in Father Thomas, the controversy was whether a direction to the police to register a First Information Report in regard to a case involving a cognizable offence and for investigation is open to revision at the instance of a person suspected of having committed a crime against whom neither cognizance has been taken nor any process issued. Such an order was held to be interlocutory in nature and, therefore, to attract the bar under sub-section (2) of Section 397. The decision in Father Thomas does not decide the issue as to whether the rejection of an application under Section 156 (3) would be amenable to a revision under Section 397 by the complainant or the informant whose application has
been rejected;
(ii) An order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397; and
(iii) In proceedings in revision under Section 397, the prospective accused or, as the case may be, the person who is suspected of having committed the crime is entitled to an opportunity of being heard before a decision is taken in the criminal revision.

Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014

Citations : [2015 ALLMR CRI 129], [2014 JIC 3 930], [2015 ALLCC 88 1], [2014 UPLBEC 4 2665], [2014 KLT SN 4 109], [2014 CTC 6 353], [2014 AIR ALL 214], [2014 ADJ 8 439], [2015 CCR ALL 2 59], [2015 RCR CRIMINAL 1 414], [2014 SCC ONLINE ALL 11859], [2014 MWN CRI 3 161], [2014 ALL LJ 6 405]

Other Sources :

https://indiankanoon.org/doc/128706736/

https://www.casemine.com/judgement/in/56b49301607dba348f003b58

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 156 - Police Officer's Power to Investigate Cognizable Case CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned Jagannath Verma and Ors Vs State of UP and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020

Posted on April 4, 2022 by ShadesOfKnife

A division bench at Allahabad High Court held as follows:

From Para 16,

16. According to own case of the petitioners, the petitioner no.1 is still a legally wedded wife of one Mahesh Chandra. As per own alleged application dated 17.09.2020 (as reproduced in para 6 above), the petitioners are living as husband and wife and they have sought protection from interference in their living together as husband and wife. Once the petitioner No.1 is a married woman being wife of one Mahesh Chandra, the act of petitioners particularly the petitioner No.2, may constitute an offence under Sections 494/495 I.P.C. Such a relationship does not fall within the phrase “live-in-relationship” or “relationship in the nature of marriage”. The writ petition has been filed by the petitioners for protection from interference by others in their living as husband and wife. If the protection as prayed is granted, it may amount to grant protection against commission of offences under Sections 494/495 I.P.C.

From Para 18,

18. It is settled law that writ of mandamus can be issued if the petitioner has a legal right to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition. Similar view has also been taken by Hon’ble Supreme Court in Kalyan Singh vs. State of U.P. 13. Applying the principles of issuance of writ of mandamus on the facts of the present case, we find that the petitioners have no legal right for protection on the facts of the present case inasmuch as such the protection as being asked, may amount to protection against commission of offence under Section 494/495 I.P.C. It is well settled law that writ of mandamus can not be issued contrary to law or to defeat a statutory provision including penal provision. The petitioners do not have legally protected and judicially enforceable subsisting right to ask for mandamus.

Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Asha Devi and Anr Vs State of UP and 2 Ors HM Act 11 - Void marriages HM Act 17 - Punishment of Bigamy HM Act 5 - Conditions for a Hindu Marriage IPC 494 - Marrying again during life-time of husband or wife IPC 495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted Judiciary Antics Misinterpretation of Earlier Judgment or Settle Principle of Law Non Application or Exercise of Judicial Mind Reportable Judgement or Order | Leave a comment

Ram Charitra Tiwari and Ors Vs State of UP and Anr on 13 Jul 2021

Posted on March 7, 2022 by ShadesOfKnife

Another misinterpretation of Section 3 of DP… this time from Allahabad High Court.

Ram Charitra Tiwari and Ors Vs State of UP and Anr on 13 Jul 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/44284755/

https://www.casemine.com/judgement/in/60f50c979fca193a50689444

News:

Dowry Prohibition Act Protects Dowry Giver: Allahabad HC

https://lawsisto.com/legalnewsread/MTA2NzU=/Dowry-Prohibition-Act-Protects-Dowry-Giver-Allahabad-HC

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision DP Act 3 - Giving Abeting to Give Taking Abeting to Take are offences Misinterpretation of Earlier Judgment or Settle Principle of Law PIL - Dowry Givers should be Prosecuted Pooja Saxena vs State and Anr Ram Charitra Tiwari and Ors Vs State of UP and Anr Reportable Judgement or Order | Leave a comment

Mohd Farman Vs State of UP on 12 Aug 2021

Posted on August 26, 2021 by ShadesOfKnife

 

Mohd Farman Vs State of UP on 12 Aug 2021
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Article 25 - Freedom of Conscience and Free Profession Practice and Propagation of Religion Beard Not Allowed in Disciplined Police Force Mohd Farman Vs State of UP | Leave a comment

Zeba Khalil and Ors Vs State of U.P and Ors on 18 Nov 2005

Posted on August 13, 2021 by ShadesOfKnife

A division bench of Allahabad High Court held as follows, regards to a set of 340 CrPC applications filed by the knife.

From Para 15-17,

15. It is a fact that Professor F.A Ansari himself did not file any affidavit to say that invigilation duty certificate in question was forged and the same did not contain his signatures. It has to be kept in mind that necessary, prelude for action under section 340, Cr. P.C is that the Court should be of the opinion that it is expedient in the interest of justice to do so. Action under section 340, Cr. P.C should be taken only when the Court on objective consideration of the entire facts and circumstances, is of the belief and opinion that the interest of justice so requires. The Court may act suo motu also. It is for the Court to decide whether to take action and initiate proceedings. Even when an application is made by one of the parties, it becomes a matter between the Court and the alleged perjurer. Action under section 340, Cr. P.C is undertaken in the interest of justice and not to satisfy the private grudge of a litigant. Every case of perjury need not result in prosecution.

16. An action of law should not be equated to a game of chess. Indeed, the wife cannot rely on the sheer technicality that no rejoinder affidavit has been filed by the petitioners in criminal Writ Petition No. 822 of 2000. It is for the Court to consider the entire material and the attending circumstances to come to a right decision to be taken in the matter. The action cannot be permitted to be used by a party as a tool to derive sadistic pleasure in nailing his opponent.

17. On cumulative consideration that charge-sheets in both the cases have been submitted in Court setting the law on its course with regard to the alleged offences and that Professor F.A Ansari himself did not file any affidavit to support the contention of the wife designating the invigilation duty certificate in question to be forged and fictitious, we do not think it to be expedient in the interest of justice to accede to the prayer of Arsi Yusuf (wife) to take any action under section 340, Cr. P.C Hence, the applications under section 340, Cr. P.C are liable to be rejected.

 

Indiankanoon Version:

Zeba Khalil and Ors Vs State of U.P and Ors on 18 Nov 2005 (IK Ver)

Casemine Version:

Zeba Khalil and Ors Vs State of U.P and Ors on 18 Nov 2005 (CM Ver)

Citations : [2005 SCC ONLINE ALL 1164], [2006 ACC 54 354]

Other Sources :

https://indiankanoon.org/doc/912009/

https://www.casemine.com/judgement/in/5ac5e5314a93261ae6b58865

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 - Dismissed Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Zeba Khalil and Ors Vs State of U.P and Ors | Leave a comment

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