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True Colors of a Vile Wife

Tag: CrPC 340 – Dismissed/Rejected

Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022

Posted on October 6, 2022 by ShadesOfKnife

A single judge of PHHC held as follows:

From Paras 11-14,

11. As per the settled proposition of law as enumerated hereinabove, proceedings under Section 340 Cr.P.C. are not to be initiated in every case where offences are purportedly made out. In fact, the said proceedings are to be initiated only in a situation, where the Court considers it expedient in the interest of justice to make a complaint. This shows that such a course of filing a complaint will only be adopted, if the interest of justice requires and not in every case. In the present case, no such finding has been recorded, as has already been mentioned above and even otherwise, the dispute is between the parties, who are closely related being brothers.
12. In fact, one of the criteria for proceeding under Section 340 of the Cr.P.C. would be where due to the false statement, one party has succeeded in getting a favourable order, which otherwise, he would not have got. Therefore, if the false statement affects the very nature of the order passed by the Court, then, that itself can be one of the circumstances, where proceedings under Section 340 Cr.P.C. ought to be initiated. In the present case, assuming that a false statement had been made either in the written statement or by virtue of filing of affidavits, those pleadings/averments did not affect the fate of the case. In fact the petitioner did obtain a decree in his favour. Therefore, there is no apparent illegality in the orders dated 09.10.2015 (Annexure P-1) and 08.02.2017 (Annexure P-2).
13. Having examined the matter in its entirety, I also find that the dispute in question is between close relatives. Certain pleadings are filed in civil/criminal proceedings and the defendants in a civil proceeding take their defence, which in the present case was denying the right of ownership of the petitioner-complainant. Every person has a right to defend his case and he can take many defence pleas. Taking up a plea by itself would not amount to giving false evidence. Further, in the present case, in view of the discussion above, it would certainly not be expedient in the interest of justice to proceed against the respondents.
14. In view of the facts and circumstances mentioned hereinabove as also the relationship between the parties and the civil proceedings having culminated in favour of the petitioner, as such no advantage has been taken by the respondents by virtue of their allegedly false pleadings/affidavits. Therefore, it would certainly not be expedient in the interest of justice to initiate proceedings under Section 340 Cr.P.C.

Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022

Index of Perjury cases here.

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 340 - Dismissed/Rejected CrPC 340 read with CrPC 195 Nachhattar Singh Vs Rai Singh and Anr Perjury Under 340 CrPC | Leave a comment

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022

Posted on May 3, 2022 by ShadesOfKnife

A single judge bench of Madhya Pradesh High Court at Gwalior held that, a false Statement which doesn’t affect the outcome of case can’t invoke 340 CrPC proceedings.

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022

Citations :

Other Sources :

 

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 340 - Dismissed/Rejected Kamla Sharma and Ors Vs Sukhdevlal and Ors Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Reportable Judgement or Order | Leave a comment

State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017

Posted on November 13, 2020 by ShadesOfKnife

2-Judge bench held that without prima facie opinion in a complaint made otherwise than a police complaint, invoking of perjury u/s 340 CrPC or 341 CrPC is indefensible.

From Para 58,

58. We are thus of the firm opinion that a Trial Magistrate, on receipt of a complaint under Section 340 and/or Section 341 of the Code, if there is a preliminary inquiry and adequate materials in support of the considerations impelling action under the above provisions are available, would be required to treat such complaint to constitute a case, as if instituted on police report and proceed in accordance with law. However, in absence of any preliminary inquiry or adequate materials, it would be open for the Trial Magistrate, if he genuinely feels it necessary, in the interest of justice and to avoid unmerited prosecution to embark on a summary inquiry to collect further materials and then decide the future course of action as per law. In both the eventualities, the Trial Magistrate has to be cautious, circumspect, rational, objective and further informed with the overwhelming caveat that the offence alleged is one affecting the administration of justice, requiring a responsible, uncompromising and committed approach to the issue referred to him for inquiry and trial, as the case may be. In no case, however, in the teeth of Section 343(1), the procedure prescribed for cases  instituted otherwise than on police report would either be relevant or applicable qua the complaints under Section 340 and/or 341 of the Cr.P.C.

And from Final Para,

60. In view of the determination as above, the approach of the High Court is wholly indefensible, as in the face of Section 343(1) of the Cr.P.C., the procedure prescribed for cases instituted otherwise than on police report is not attracted qua a complaint under Section 340 and/or Section 341 of the Code. Even assuming that the Trial Magistrate had examined few witnesses in support of the complaint, it was in the form of a summary inquiry, to be satisfied as to whether the materials on record would justify the framing of charge against the respondent or not and nothing further. Any other view would fly in the face of the ordainment of Section 343(1) of the Cr.P.C. and thus cannot receive judicial imprimatur. The impugned judgment of the High Court in quashing the charge framed by the Trial Magistrate and remanding the case to him to follow the procedure outlined for cases, instituted otherwise than on police report, under Chapter XIX-B is on the face of it unsustainable in law and on facts. It is thus set aside. The appeals are allowed. The Trial Magistrate would proceed from the stage of framing of charge, strictly in compliance of the letter and spirit of the precept contained in Section 343(1) of the Code. We make it clear that we have not offered any observation on the merits of the charge and the Trial Court would further the proceedings in accordance with law.

State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017

Citations : [2017 SCC ONLINE SC 1021], [2017 ALLCC 101 330], [2017 CCR SC 4 28], [2017 JCC 4 2245], [2017 RCR CRIMINAL 3 981], [2017 SCALE 9 527], [2017 SCC ONLINE SC 1021]

Other Sources :

https://indiankanoon.org/doc/194410529/

https://www.casemine.com/judgement/in/5a65cbaf4a93263320778706


Index of Perjury Case laws is here.

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 - Dismissed/Rejected Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury - Prima Facie Opinion of Perjury Perjury Under 340 CrPC State Of Goa Vs Jose Maria Albert Vales @ Robert Vales | Leave a comment

State of Andhra Pradesh Vs M Srinivasa Rao on 28 August 2020

Posted on August 31, 2020 by ShadesOfKnife

See Supreme Court deprecated the unethical practice of State Government of Andhra Pradesh in this Order… Hehehe

State of Andhra Pradesh does it again! The incorrigible inefficiency in filing appeal is apparent from page 78 where the present special leave petition has been filed after a delay of 455 days. In view of Post Master General & Ors. v. Living Media India Ltd. & Anr.reported in (2012) 3 SCC 563 there are no more acceptable excuses. These are matters brought before the Court only to obtain a certificate of dismissal to put a quietus to the matter. We strongly deprecate the same.

State of Andhra Pradesh Vs M Srinivasa Rao on 28 August 2020

The earlier judgment from erstwhile High Court of AP.

M.Srinivasa Rao Vs The State of A.P. on 28 August 2018

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 340 - Dismissed/Rejected IPC 211 - False charge of offence made with intent to injure Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi on 26 February, 2019

Posted on March 4, 2019 by ShadesOfKnife

In this case on perjury in a false 498A case, husband made allegations on knife, in this anticipatory bail application. Justice RF Nariman had set aside the Previous order for Perjury from Bombay HC here.

Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi 26 February, 2019

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi Catena of Landmark Judgments Referred/Cited to CrPC 340 - Dismissed/Rejected CrPC 340 read with CrPC 195 Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Vikash Gupta vs Deep Mala Gupta on 29 November, 2017

Posted on September 1, 2018 by ShadesOfKnife

Interesting case under CrPC 341 (Appeal on CrPC 340 dismissal) here from District Court of Delhi. It was held that, the administration of justice would not have been affected even though there was concealment of material fact.

From Para 18,

Secondly, it was submitted that in the present case, no interim order was passed by the ld. Trial court in favour of the respondent, believing the averments made in para 1(k) of the application.

From Para 30,

Therefore, in the facts of the present case, the administration of justice with regard to grant of maintenance to the respondent/wife would not have been affected despite there being concealment of facts in para 1(k) of the application filed by the respondent as there was other material on record filed by the respondent in the nature of Hon’ble High Court of Jharkhand’s order dated 04.12.2008, admission made in the rejoinder regarding receipt of subsistence allowance and the evidence by affidavit being there on record admitting claiming of subsistence allowance from the appellant.

Vikash Gupta vs Deep Mala Gupta on 29 November, 2017
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged CrPC 340 - Dismissed/Rejected CrPC 341 - Dismissed Perjury - Administration of Justice Not Affected Perjury Rejected Vikash Gupta vs Deep Mala Gupta | Leave a comment

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