CrPC 340 procedure cannot be bypassed by the trial court, perjury application should be decided with main petition

Sunny Bhumbla vs Shashi

Punjab and Haryana HC

25/01/2010

CRA No. 197 SB of 2010 (O&M)

About/from the judgment:

In this judgment from High Court of Punjab and Haryana, it was held that despite entering remarks in his judgment to the effect that perjury happened, the Dayaalu magistrate does not want to initiate any such proceedings of Perjury on the knife.

 

From the second para,

 

While deciding the main petition, in paragraph No. 13 of the judgment it has been observed that “in support of her claim for interim maintenance under Section 24 of the Hindu Marriage Act, the respondent/applicant had made certain assertions, which were found to be totally false and the same had apparently been done by her in a deliberate manner. Consequently even an application for initiating suitable proceedings against her on account of her having submitted a false affidavit was also filed by the petitioner on 3.9.2008. 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. This court, however, does not wish to initiate any such proceedings against the respondent with the hope that sooner or later, the parties may be in a position to resolve their dispute or else this young couple may adopt such other means so that they can part their ways in a peaceful manner and therefore, with a view to avoid undue complication of the matrimonial dispute, no action on account of submitting of the above false affidavit etc. is being initiated against the respondent.“

 

High Court has taken the magistrate to task and said that,

 

Therefore, all the ingredients of the offences of cheating, forging and perjury etc. are made out and consequently, the order passed by the learned trial Court in not initiating the proceedings under Section 195 read with Section 340 Cr.P.C. is illegal.

 

And further said that,

 

A glance through the impugned order would reveal that the learned trial Court has given a go by to the provisions of Section 340 Cr.P.C. The approach adopted by the learned trial Court is unwholesome and is depreciable. The impugned order is absolutely silent as to whether the application has been dismissed or allowed, if so for which reasons.

Read the Judgment

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