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Tag: CrPC 340 – Quashed

A.Radhika Vs Wilson Sundararaj on 26 Feb 2021

Posted on February 28, 2021 by ShadesOfKnife

Citing landmark judgments, Madras High Court held that Investigating Officer cannot made liable u/s 211 IPC and based on another decision by Madras High Court here said such officers may be proceeded u/s 218 IPC which does not come under the procedure of 340 CrPC r/w 195 CrPC.

From Para 21,

21. The above judgements set out the procedure while dealing with an application under Section 340, Cr.P.C. Firstly, in order to initiate proceedings under Section 340,Cr.P.C., an application has to be made to the Court upon which the Court can initiate an inquiry into any offence referred to in Section 195(1)(b), in respect of a document produced or given in evidence in a proceeding in that Court. Secondly, offences as set out in the complaint have to be made out. In the present case, the complainant alleges that an offence under Section 211, I.P.C. has been made out.

From Para 22,

22. In the present case, based on the complaint given by one Mr. Rajamani, the FIR was registered by the F-2 Police Station, Egmore and the arrest was also carried out by the said police. The Petitioner came into the scene only at a later point of time when the case was transferred to the file of the CBCID. The language used under Section 211, I.P.C. regarding false charge can only relate to the original or initial accusation through which the criminal law was set in motion. Admittedly, it was not the Petitioner who had set the criminal law in motion. That apart, as held in Iqbal Singh Marwah’s Case (cited supra) the offences referred to under Section 195(1)(b), Cr.P.C. will get attracted only with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e. during the time when the document was in custodia legis.

And finally from paras 24 and 25,

24. This Court after considering the judgement of the Hon’ble Supreme Court in Perumal v. Janaki (cited supra) has come up with this fine distinction in the case of S.Mukanchand Bothra (cited supra). That apart, the facts of the present case is clearly distinguishable from the facts of the case dealt with by the Hon’ble Supreme Court in Perumal v. Janaki.
25. In view of the above discussion, this Court holds that the offence under Section 211, I.P.C. has not been made out against the Petitioner. The Respondent cannot pick and choose certain observations made by the trial court and this Court, and make it a basis for filing an application under Section 340, Cr.P.C. to punish the Petitioner under Section 211, I.P.C.

Silver lining from para 26,

26. A careful reading of the petition filed by the Respondent at the best makes out a case for malicious prosecution. In a case of malicious prosecution, which gives rise to a tortious liability, only a suit for damages can be filed by establishing the ingredients to maintain such a suit. The grounds for maintaining a suit for malicious prosecution cannot form the basis for filing a petition under Section 340, Cr.P.C. since it has to independently satisfy the requirements of Section 195(1)(b), Cr.P.C.

A.Radhika Vs Wilson Sundararaj on 26 Feb 2021

Citations :

Other Sources :

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged A.Radhika Vs Wilson Sundararaj CrPC 340 - Quashed IPC 211 - False charge of offence made with intent to injure Perjury Under 340 CrPC S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors | Leave a comment

Prem Sagar Manocha Vs State (NCT of Delhi) on 6 January, 2016

Posted on January 15, 2019 by ShadesOfKnife

Hon’ble Supreme Court has held that just because an expert delivered his opinion such as, “a definite opinion in the case could be given only if the suspected firearm is available for examination. It is nobody’s case that scientifically an expert can give a definite opinion by only examining the cartridges as to whether they have been fired from the same firearm. It was the trial court which insisted for an opinion without the presence of the firearm, and in that context only, the appellant gave the non-specific and indefinite opinion. An expert, in such a situation, could not probably have given a different opinion.“

From Para 12,

Section 340 of CrPC, prior to amendment in 1973, was Section 479-A in the 1898 Code and it was mandatory under the pre-amended provision to record a finding after the preliminary inquiry regarding the commission of offence; whereas in the 1973 Code, the expression ‘shall’ has been substituted by ‘may’ meaning thereby that under 1973 Code, it is not mandatory that the court should record a finding. What is now required is only recording the finding of the preliminary inquiry which is meant only to form an opinion of the court, and that too, opinion on an offence ‘which appears to have been committed’, as to whether the same should be duly inquired into.

Prem Sagar Manocha Vs State (NCT of Delhi) on 6 January, 2016

News:

https://www.livelaw.in/supreme-court-quashes-perjury-proceedings-against-forensic-expert-who-turned-hostile-in-jessica-lal-case/

https://www.dailypioneer.com/2016/sunday-edition/ballistic-expert-gets-sc-relief.html

Indiankanoon.org link: https://indiankanoon.org/doc/183258090/


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Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 340 - Quashed Prem Sagar Manocha Vs State (NCT of Delhi) | Leave a comment

Amarsang Nathaji As Himself Vs Hardik Harshadbhai Patel And Ors on 23 November, 2016

Posted on September 1, 2018 by ShadesOfKnife

Hon’ble Apex Court has, in this 341 Appeal, held that it was not expedient in the interest of justice to continue with CrPC 340 proceedings at High Court of Gujarat and moreover it held that lower court has not followed the procedure in making the opinion that it was expedient in the interests of justice to file a complaint against respondent no.1 in exercise of the powers conferred under Section 340 of the CrPC.

“6. The mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution under Sections 199 and 200 of the Penal Code, 1860 (45 of 1860) (hereinafter referred to as “IPC”); but it must be shown that the defendant has intentionally given a false statement at any stage of the judicial proceedings or fabricated false evidence for the purpose of using the same at any stage of the judicial proceedings. Even after the above position has emerged also, still the court has to form an opinion that it is expedient in the interests of justice to initiate an inquiry into the offences of false evidence and offences against public justice and more specifically referred to in Section 340(1) CrPC, having regard to the overall factual matrix as well as the probable consequences of such a prosecution. (See K.T.M.S. Mohd. v. Union of India (1992) 3 SCC 178 , 1992 SCC (Cri) 572.) The court must be satisfied that such an inquiry is required in the interests of justice and appropriate in the facts of the case.”

 

Amarsang Nathaji As Himself Vs Hardik Harshadbhai Patel And Ors on 23 November, 2016

Citations :

Other Sources :

https://indiankanoon.org/doc/100876905/

https://www.casemine.com/judgement/in/5837160d53bee74f64c25ebd

Merely making contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution under Sections 199 and 200 IPC


Index of Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Amarsang Nathaji As Himself Vs Hardik Harshadbhai Patel And Ors CrPC 340 - Quashed CrPC 341 - Allowed Legal Procedure Explained - Interpretation of Statutes | Leave a comment

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