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
