Wonderful Judgment from Hon’ble High Court of Uttarakhand, wherein it was held that Filing of False Affidavit is perjury and in this case it was done by a Advocate. A cost of 2 Lakhs was levied.
From Para 11,
A perusal of the criminal misc. application moved under Section 482 Cr.P.C. would reveal that the applicant has annexed some papers of case diary (Annexure 2 to the application) without disclosing the fact that from where he had obtained the papers of case diary which are confidential papers prepared by the Investigating Officer during investigation. It is surprising to note here that the applicant never appeared before the court below after submission of charge sheet and the trial court has also not passed orders under Section 207 and 208 of Cr.P.C. to supply the documents to the applicant. Since the court below has never supplied the papers of the case diary to the applicant as provided under Section 207 and 208 Cr.P.C. it is quite surprising how the applicant has annexed the papers of the case diary before this Court.
From Para 20,
Applicant before this Court is a practicing Advocate. He has himself stated so in para 8 of the present application – that the applicant is an Advocate and a public spirited person, a resident of Haldwani. Applicant has verified the contents of paragraph no. 5 of the criminal misc. application on the basis of record. However, no document has been placed on record to show that on the basis of which record or document, the averments were made in paragraph no. 5 of the criminal misc. application. However, the averment itself is false as the complainant is a member of Scheduled Tribe community and certificate to this effect has been issued to him by the competent authority. Thus it is a proven fact on record that contents of paragraph no. 5 of the application are false and misleading and were made to commit fraud upon the Court.
Chandra Shekhar Kargeti Vs State of Uttakhand on 8 August, 2018