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Tag: S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors

S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 December, 2015

Posted on February 28, 2021 by ShadesOfKnife

Distinguishing the law laid down by Apex Court in Perumal Vs Janaki, Single Judge bench of Madras High Court held that, Investigating officers can not be made liable for perjury (filing false affidavits) in cases where accused was acquitted after trial.

S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 Dec 2015

Citations : [2015 SCC ONLINE MAD 11421]

Other Sources :

https://indiankanoon.org/doc/139009470/

https://www.casemine.com/judgement/in/5728e0c8e561092708a3b8c4

https://www.legitquest.com/case/s-mukanchand-bothra-v-rajiv-gandhi-memorial-educational-charitable-trust-chennai-others/973BF

Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 340 read with CrPC 195 IPC 211 - False charge of offence made with intent to injure IPC 218 - Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture Perjury Under 340 CrPC S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors | Leave a comment

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

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