web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973

Posted on February 28, 2021 by ShadesOfKnife

A 2-judge bench of Apex Court held that, in this particular case, the Police officer can not be saddled with IPC 211 and prosecuted u/s 340 CrPC read with 195 CrPC. But the necessary ingredients are clearly articulated and hence this case law has to be relied upon as landmark judgment to file perjury against the person who made the false complaint (FIR need not be registered).

From Para 8,

8. In this Court, Shri Gupta has very forcefully contended that on the material on the record this direction is wholly unjustified, if not positively illegal, being based on misreading of evidence and on erroneous view of law. According to the submission, the appellant had neither lodged the FIR nor otherwise instituted any criminal proceeding or falsely charged Izhar Hussain within the contemplation of Section 211 IPC. Besides, there is absolutely no material on the record on which the High Court could have formed an opinion that it is expedient in the interest of justice that a complaint under Section 211 IPC should be filed against the appellant.

From Para 10,

… The short question posed, therefore, is, if by giving false evidence as a witness against Izhar Hussain the appellant can be said to have charged him within the contemplation of Section 211 IPC. If this question is answered in the affirmative, then it will have to be determined whether there is in fact a false accusation and finally whether it is expedient in the interest of justice on the facts and circumstances of the present case to direct a complaint to be filed under Section 211 IPC. This section as its marginal note indicates renders punishable false charge of offence with intent to injure. The essential ingredient of an offence under Section 211 IPC is to institute or cause to be instituted any criminal proceeding against a person with intent to cause him injury or with similar intent to falsely charge any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge. Instituting or causing to institute false criminal proceedings assume false charge but false charge may be preferred even when no criminal proceedings result. It is frankly conceded by Shri Kohli that the appellant cannot be said to have instituted any criminal proceeding against any person. So that part of Section 211 IPC is eliminated. Now, the expression “falsely charges” in this section, in our opinion, cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trial. To “falsely charge” must refer to the original or initial accusation putting or seeking to put in motion the machinery of criminal investigation and not when speaking to prove the false charge by making deposition in support of the charge framed in that trial. The words “falsely charges” have to be read along with the expression “institution of criminal proceeding”. Both these expressions, being susceptible of analogous meaning should be understood to have been used in their cognate sense. They get as it were their colour and content from each other. They seem to have been used in a technical sense as commonly understood in our criminal law. The false charge must, therefore, be made initially to a person in authority or to someone who is in a position to get the offender punished by appropriate proceedings. In other words, it must be embodied either in a complaint or in a report of a cognizable offence to the police officer or an officer having authority over the person against whom the allegations are made. The statement in order to constitute the “charge” should be made with the intention and object of setting criminal law in motion. Statement on oath falsely supporting the prosecution case against an accused person more appropriately amounts to an offence under Sections 193 and 195 IPC and not under Section 211 IPC. We do not think that the offences contemplated by Sections 193/195 IPC on the one hand and Section 211 IPC on the other were intended by the legislature in this context, to overlap so as to make it optional whether to proceed under one or the other. ..…

From Para 11,

Every incorrect or false statement does not make it incumbent on the court to order prosecution. The Court has to exercise judicial discretion in the light of all the relevant circumstances when it determines the question of expediency. The court orders prosecution in the larger interest of the administration of justice and not to gratify feelings of personal revenge or vindictiveness or to serve the ends of a private party. Too frequent prosecutions for such offences tend to defeat its very object. It is only in glaring cases of deliberate falsehood where conviction is highly likely that the court should direct prosecution.

Original:

Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973 (SCI)

Casemine Version.

Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973

Citations : [1973 AIR SC 2190], [1974 BLJR 22 877], [1973 SCC 2 406], [1974 SCR 1 78], [1973 CAR 316], [1973 CRLR SC 473], [1973 SCC CR 828], [1973 SCC CRI 828], [1973 CRLJ SC 1176]

Other Sources :

https://indiankanoon.org/doc/56524/

https://www.casemine.com/judgement/in/5609ab94e4b014971140cd11


Index of Perjury judgments here.

Shades of Knife


Disclaimer:

The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.

Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can mask/redacts content (like names of parties from cause title!) from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 read with CrPC 195 IPC 211 - False charge of offence made with intent to injure Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Reportable Judgement or Order Santokh Singh Vs Izhar Hussain and Anr | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
monapatelt Mona Patel 🇮🇳🐅🌳 @monapatelt ·
13 Jul

4 Indians who Seemed Foreign interference

🎯 1792 - Tippu Sultan invites Afghan ruler Zaman Shan to join forces to create Islamic State !

🎯 1947 - Nehru Seeks UN intervention in Kashmir !

🎯 2019 - Mamta asks UN to decide Indian Citizenship rules !

🎯 Kapil Sibal always…

Reply on Twitter 1944517657585488115 Retweet on Twitter 1944517657585488115 1656 Like on Twitter 1944517657585488115 2743 X 1944517657585488115
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
swathireddytdp Swathi Reddy @swathireddytdp ·
19h

మాకు గొడ్డలి గుర్తు కావాలి. ఎలక్షన్ కమిషన్ కు లేఖ రాసిన వైసిపి ఫౌండర్ శివకుమార్

Reply on Twitter 1944795484205232184 Retweet on Twitter 1944795484205232184 20 Like on Twitter 1944795484205232184 63 X 1944795484205232184
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
andhranexus Andhra Nexus @andhranexus ·
14 Jul

🚨 Pulasa season has begun in Godavari as muddy water entered the river.

Traders paying ₹5,000 in advance to get early stock. In Yanam, 1kg Pulasa was sold for ₹18,000.

Officials say overfishing is harming mother fish, reducing availability.
#AndhraPradesh #Godavari #Pulasa

Reply on Twitter 1944696380754432284 Retweet on Twitter 1944696380754432284 56 Like on Twitter 1944696380754432284 340 X 1944696380754432284
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
libsoftiktok Libs of TikTok @libsoftiktok ·
14 Jul

HOLY SHLIT

NYT confirms Fauci’s pardon was signed by autopen at the direction of an assistant

2

Reply on Twitter 1944597725552459816 Retweet on Twitter 1944597725552459816 5013 Like on Twitter 1944597725552459816 29447 X 1944597725552459816
Load More

Recent Posts

  • Ekta Kapur Vs Kunal Kapur on 21 May 2025 July 15, 2025
  • Dudekula Khasim Vs State of Andhra Pradesh on 24 Mar 2020 July 14, 2025
  • Evidence Act Sec 65 – Cases in which secondary evidence relating to documents may be given July 14, 2025
  • State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025 July 14, 2025
  • Dowry Prohibition Officers of Andhra Pradesh working? July 13, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (3,008 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (2,444 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (2,371 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,797 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (1,684 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (1,392 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (1,178 views)
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 (1,023 views)
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 (961 views)
  • Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023 (841 views)

Tags

Reportable Judgement or Order (405)2-Judge (Division) Bench Decision (376)Landmark Case (370)Legal Procedure Explained - Interpretation of Statutes (367)1-Judge Bench Decision (296)Catena of Landmark Judgments Referred/Cited to (275)Work-In-Progress Article (216)3-Judge (Full) Bench Decision (97)Sandeep Pamarati (93)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (61)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)HM Act 13 - Divorce Granted to Husband (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (39)

Categories

Supreme Court of India Judgment or Order or Notification (719)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (320)High Court of Andhra Pradesh Judgment or Order or Notification (180)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (107)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (66)General Study Material (55)Assorted Court Judgments or Orders or Notifications (50)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)Judicial Activism (for Public Benefit) (43)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (36)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • July 2025 (6)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • BCN (Barcelona) on 2025-07-22 July 22, 2025
    THIS IS A SCHEDULED EVENT Jul 22, 01:00 - 04:00 UTCJul 10, 15:00 UTCScheduled - We will be performing scheduled maintenance in BCN (Barcelona) datacenter on 2025-07-22 between 01:00 and 04:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • CGB (Cuiaba) on 2025-07-17 July 17, 2025
    THIS IS A SCHEDULED EVENT Jul 17, 08:45 - 12:45 UTCJul 14, 16:33 UTCScheduled - We will be performing scheduled maintenance in CGB (Cuiaba) datacenter on 2025-07-17 between 08:45 and 12:45 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • CNF (Belo Horizonte) on 2025-07-17 July 17, 2025
    THIS IS A SCHEDULED EVENT Jul 17, 08:15 - 11:15 UTCJul 14, 16:35 UTCScheduled - We will be performing scheduled maintenance in CNF (Belo Horizonte) datacenter on 2025-07-17 between 08:15 and 11:15 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 177.220.192.44 | SD July 14, 2025
    Event: Bad Event | Total: 3,406 | First: 2020-05-01 | Last: 2025-07-14
  • 117.88.102.87 | SD July 14, 2025
    Event: Bad Event | Total: 1,148 | First: 2024-09-27 | Last: 2025-07-14
  • 177.220.192.43 | SD July 14, 2025
    Event: Bad Event | Total: 3,669 | First: 2020-04-21 | Last: 2025-07-14
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1611 access attempts in the last 7 days.

pixel