The petitioner sought quashing of complaint primarily on the ground that mere fact that a witness made contradictory statement on 2 different stages in judicial proceedings is not by itself always sufficient to justify the prosecution for perjury. Merely because ig civil suit was pending, that did not prevent and could not prevent the Civil Judge from entering into an enquiry. It was further case set up that she had given birth to a male child on 5. Though the appellant was not notified of the said application, the learned Designated Judge heard Mr. According to the petitioner, the respondent used to work as a Teacher in a school prior to her marriage is admitted position. In the matter of: — Mrs. The respondent ---------------------has filed a rejoinder on the day of previous hearing that was 11 th Oct.
Said application was decided on 2-3-2012 by my learned predecessor and interim maintenance at the rate of Rs. Assuming that the complaint may have to be made at the instance of a party having an interest in the matter, still the court can take action in the matter otherwise than on a complaint, that is, when it has received information as to a crime having been committed covered by the said provision. I have heard the petitioner-in-person and the learned counsel for the non-applicant. The Designated Judge held that he was satisfied that the court could entertain an complaint even at the instance of a stranger in order to address his grievances as offences affecting the administration of justice. According to the petitioner he has filed this petition for decree of divorce. Total likes : Dear Nadeemji Thanks for your advise. After that the complainent filed an appeal in district court, that court also dismissed the appeal.
The petitioner had filed an application for review of order by producing documentary proof that the respondent is working as a school Teacher and her photograph appears in the magazine of the Thakur Public School, Kandivali E and having permanent job and also having bank account in Saraswat Bank, Kandivali E Branch, vide salary account No. The learned Sessions Judge concurred with the Civil Judge 6. In such circumstances, prima facie, the offences punishable under Section 177, 181, 182 and 191, read with Section 193 of Indian penal Code are attracted. Thereafter, the respondent did not press her claim for interim maintenance, but the same did not absolve her of the liability of the aforesaid lapse. It appears that the petitioner's contention is that respondent while answering to the allegations in para no.
The above said appointment was made on the basis of the advertisement published in the Employment News dated 30th September — 6th October 2006, written examination held in the month of February 2007 and the interview held from 31-7-2007 to 6-8-2007. The above contents were reproduced to make you clear that any action intended to take shall be for a case in te court and not taking any action directly by invoking the above said laws. Similarly, there was no occasion to hold the documents and pleadings to be false. . Now, the question of interim maintenance arise. A Government official had forged a minutes without conducting the meeting and got it approved by his higher authority. Later the said minutes was used against the higher authority stating that the said minutes was approved by the higher authority.
Gujarat High Court: The Single Bench of Sonia Gokani, J. Procedure in cases mentioned in Section 195 1 When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause b of sub-section 1 of Section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, - a record a finding to that effect ; b make a complaint thereof in writing; c send it to a Magistrate of the first class having jurisdiction; d take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do send the accused in custody to such Magistrate ; and e bind over any person to appear and give evidence before such Magistrate. On 5-8-2013 the learned Advocate for the respondent had made a remark on the overleaf of the application that she will argue, 6. But this has not been happened in this case. The first petitioner being adult is let free. When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause b of Sub-Section 1 of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary; a. In fact, Section 195 1 b of the Cr.
The definition of the offence of giving false evidence thus applies to the affidavits. The facts would reveal that the second petitioner is aged about 32 years and the first petitioner is merely 18 years, second petitioner despite fully being aware that he has a living spouse, he duped the first petitioner and convinced her to elope with him under a false assurance of second marriage. If she wants to claim maintenance from the petitioner, she has to make out a case that it is not possible for her to lead life with at higher side. The said application was resisted by the respondent by filing her reply on Exh. I would, therefore, set aside both the orders and direct the civil judge to register Exh. Criminal Writ Petition stands disposed of as withdrawn.
In the conduct of the case a public prosecutor must have full freedom and he can even give up certain cases and request the court to discharge or acquit any accused. She was even denied use of quilt with a view to ensure her death by exposure to the cold. Now, there is no need to proceed against the respondent under the provisions of Code of Criminal Procedure. By initiating the proceedings against him, the learned Designated Judge has crippled the freedom of the public prosecutor in functioning effectively and such a matter certainly results in serious miscarriage in administration of justice and no Advocate would be safe if such proceedings are initiated on the basis of the allegations of the nature made in the complaint. Section 340 of Code of Criminal Procedure reads thus - 340. It was, therefore, not proper on part of Judges of the lower courts to have rejected the application.
Heard Finally with consent of parties. There should not be game of hide and seek when justice is sought from the Court of law. The section thus says that the court should be of opinion that an enquiry should be held. The scheme of the law is that wherever any false evidence is adduced in a court whether civil or criminal or otherwise , it has to make an inquiry under Section 340 Cr. Kashyap, Advocates, for respondent No.