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

Tag: Perjury – Prima Facie Opinion of Perjury

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

Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998

Posted on March 24, 2019 by ShadesOfKnife

Hon’ble Apex Court held that,

The scope of the preliminary enquiry envisaged in Section 340(1) of the Code is to ascertain whether any offence affecting administration of justice ha been committed in respect of a document produced in Court or given in evidence in a proceeding in that Court. In other words, the offence should have been committed during the time when the document was in custodia legis.
It would be a strained thinking that any offence involving forgery of a document if committed far outside the precincts of the Court and long before its production in the Court, could also be treated as on affecting administration of justice merely because that document later reached the Court records.

Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998

Citation: (1998) 2 SCC 493

Indiankanoon.org link: https://indiankanoon.org/doc/1743953/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury - Prima Facie Opinion of Perjury Sachida Nand Singh and Anr Vs State of Bihar and Anr | Leave a comment

Gujarat Pipavav Port Limited Vs Sharda Steel Corporation on 26 March, 2012

Posted on March 17, 2019 by ShadesOfKnife

High Court of Gurajat held in this judgment that, disposal of perjury can be done at the end of a main petition/case but it does not stop magistrate to form an opinion by conducting a preliminary inquiry.

Gujarat Pipavav Port Limited Vs Sharda Steel Corporation on 26 March, 2012

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Gujarat Pipavav Port Limited Vs Sharda Steel Corporation Perjury - Preliminary Inquiry Not Mandatory Perjury - Prima Facie Opinion of Perjury Perjury Under 340 CrPC | Leave a comment

Jagdish Prasad Vs State and Others on 23 March, 2009

Posted on March 17, 2019 by ShadesOfKnife

This is a facepalm experience for the ADJ who said that,

“Mere recording of a finding to the effect that an offence punishable under section 193 of the Penal Code was committed would not answer requirement of section 340 of the Code. When primary question was answered in affirmative then secondary and most effective proposition was to be answered to the effect whether it was expedient in the interest of justice to initiate an action in the matter. No such step was taken by the Trial Court to see that it was expedient in the interest of justice to take such action. In such a situation, order impugned is shrouded with illegality. In cannot be allowed to stand.”

For which, the High Court of Delhi gave a befitting answer, such as from Para 18,

In the considered view of this Court, when the learned MM in the order dated 9th September 2005 observed “I am, therefore, of the opinion that Smt. Veena has committed an offence under Section 193 IPC and she ought to be prosecuted for the same”, the requirement of Section 340 CrPC as explained by the Supreme Court stood satisfied. In other words, the opinion formed by learned MM was obviously only a tentative or a prima facie one. This is plain from the expression “ought to be prosecuted”. Further, the same expression “ought to be prosecuted” also indicates the formation of an opinion that it was expedient in the interest of justice that Respondent No.2 should be prosecuted. Therefore, both the requirements of law as explained by the Supreme Court in relation to Section 340 CrPC stood completely satisfied by the order dated 9th September 2005 passed by the learned MM. This Court is, therefore, unable to agree with the conclusion reached by learned ASJ to the contrary.

Jagdish Prasad Vs State and Others on 23 March, 2009

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Jagdish Prasad Vs State and Others Perjury - Prima Facie Opinion of Perjury Perjury Under 340 CrPC | Leave a comment

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
meghupdates Megh Updates 🚨™ @meghupdates ·
24 Jun

Sambhal, Uttar Pradesh | In a key breakthrough in the case involving the alleged sexual assault of a 6-year-old girl, police sniffer dog Mary helped investigators trace the accused monster, Sandeep, within minutes.

A gamcha recovered from the scene was used for scent tracking,

Reply on Twitter 2069765085422374920 Retweet on Twitter 2069765085422374920 380 Like on Twitter 2069765085422374920 2434 X 2069765085422374920
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
telugu360 Telugu360 @telugu360 ·
24 Jun

వాట్సాప్‌లో నన్ను తిట్టేది, పొగిడేది మీరే. పది నిర్ణయాలు తీసుకుంటే మూడు తప్పులు అవ్వచ్చు.. ఆ తప్పులను సరిదిద్దుకుని ముందడుగు వేద్దాం. నన్ను తిట్టిన వారిని నేనెప్పుడూ బ్లాక్ చేయను, వారి ఆవేదనను స్వీకరిస్తా.

నారా లోకేష్

#NaraLokesh

Reply on Twitter 2069778787244576818 Retweet on Twitter 2069778787244576818 86 Like on Twitter 2069778787244576818 574 X 2069778787244576818
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
politicalkida Political Kida @politicalkida ·
25 Jun

In 2018, CPI(M) supporter Debu Das and his wife were burnt alive by TMC goons.

The administration tried to pass it off as a short circuit, while the victims' son was made to wait for hours at police station instead of receiving justice.

Yesterday, the BJP govt arrested 10 TMC

Reply on Twitter 2070048322292007208 Retweet on Twitter 2070048322292007208 545 Like on Twitter 2070048322292007208 1634 X 2070048322292007208
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
rshivshankar Rahul Shivshankar @rshivshankar ·
25 Jun

"THIS ISN'T AN ASIAN PROBLEM IT IS A PAK PROBLEM. IT'S A MISNOMER TO LABEL THEM "ASIAN GROOMING GANGS".
Rupert Lowe, British MP, Founder of UK's fastest growing party "RESTORE BRITAIN" and the man behind the report that exposed the UK's "Pak Rape Gangs" makes a clear and

Reply on Twitter 2069965275093746169 Retweet on Twitter 2069965275093746169 606 Like on Twitter 2069965275093746169 1566 X 2069965275093746169
Load More

Recent Posts

  • RS Tamilvendan Vs The Secretary and Ors on 21 May 2026 June 25, 2026
  • Checklist Before Filing Quashing Petition – Complete Practical Guide June 25, 2026
  • Affidavit of Cooperation with Investigation – Format, Legal Requirements & Sample Draft June 25, 2026
  • Vijay R. Nair Vs Lijitha on 12 Jun 2026 June 24, 2026
  • Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 30 Apr 2025 June 18, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (4,954 views)
  • Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 (3,495 views)
  • Umme Farva Vs State of U.P. and Anr on 14 Jan 2026 (3,381 views)
  • Charge Sheet and Final Report Explained (2,836 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,213 views)
  • Neha Lal Vs Abhishek Kumar on 20 Jan 2026 (2,012 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (1,949 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (1,790 views)
  • Can You Travel Abroad After an FIR Is Registered? – Legal Position Explained (1,712 views)
  • Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (1,550 views)

Tags

Reportable Judgement or Order (433)2-Judge (Division) Bench Decision (415)Legal Procedure Explained - Interpretation of Statutes (382)Landmark Case (381)1-Judge Bench Decision (362)Catena of Landmark Judgments Referred/Cited to (293)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under 340 CrPC (66)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (62)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce Granted on Cruelty ground (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)

Categories

Supreme Court of India Judgment or Order or Notification (753)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (328)High Court of Andhra Pradesh Judgment or Order or Notification (186)High Court of Delhi Judgment or Order or Notification (164)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (93)Legal Procedure (79)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (61)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (52)Assorted Court Judgments or Orders or Notifications (50)High Court of Kerala Judgment or Order or Notification (47)Prakasam DV Cases (46)Judicial Activism (for Public Benefit) (45)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Calcutta Judgment or Order or Notification (27)

Recent Comments

  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • KONURU VINAYKUMAR on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)

Archives of SoK

  • June 2026 (13)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • 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

  • Increased 5xx errors in the India Region June 25, 2026
    Jun 25, 17:26 UTC Monitoring - A fix has been implemented and we are monitoring the results. Jun 25, 15:14 UTC Identified - The issue has been identified and a fix is being implemented. Jun 25, 14:12 UTC Update - We are continuing to investigate this issue. Jun 25, 14:10 UTC Investigating - Cloudflare is […]
    Cloudflare

RSS List of Spam Server IPs from Project Honeypot

  • 198.244.52.10 | S June 25, 2026
    Event: Bad Event | Total: 30 | First: 2025-08-19 | Last: 2026-06-25
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 2114 access attempts in the last 7 days.

pixel