Case Note & Summary
The petitioner, Tehzeen Shaikh, wife of Tabrez Shaikh, filed a Criminal Writ Petition before the High Court of Bombay at Goa, challenging a notice issued by the learned trial Court in Criminal Misc. Application No. 46 of 2020. The petitioner sought a writ of certiorari to quash the said application and the notice issued therein. The background of the case involves an affidavit filed by the petitioner in a bail application, which the respondent alleged contained false statements, leading to the filing of the Criminal Misc. Application under Section 340 of the Code of Criminal Procedure, 1973 (CrPC) for inquiry into perjury. The petitioner argued that there was no material produced against her in the proceeding and that the affidavit in the bail application could not be termed as evidence. The learned counsel for the petitioner, Mr. Dinesh Naik, submitted that the notice issued to the petitioner needed to be quashed because, to conduct an inquiry under Section 340 CrPC, the presence of the petitioner as a proposed accused was not justified without any prima facie evidence. The court, after hearing the parties, found that there was no material on record to support the allegation of perjury against the petitioner. The court observed that the affidavit filed in a bail application is not substantive evidence and cannot form the basis for an inquiry under Section 340 CrPC. Consequently, the court allowed the petition, quashed the notice issued to the petitioner, and set aside the Criminal Misc. Application No. 46/2020 pending before the District Judge-1 and Additional Sessions Judge at Mapusa. The court held that the proceeding was an abuse of the process of law and could not be sustained.
Headnote
A) Criminal Procedure Code - Section 340 CrPC - Inquiry for Perjury - Requirement of Prima Facie Evidence - The court held that an inquiry under Section 340 CrPC cannot be initiated without any material or evidence to support the allegation of perjury. An affidavit filed in a bail application cannot be treated as substantive evidence for the purpose of such inquiry. (Paras 4-6) B) Criminal Procedure Code - Section 340 CrPC - Notice to Proposed Accused - Quashing of Notice - The court quashed the notice issued to the petitioner in Criminal Misc. Application No. 46/2020, as there was no material produced against the petitioner to justify the inquiry. The proceeding was held to be an abuse of process of law. (Paras 5-7)
Issue of Consideration
Whether the notice issued to the petitioner in Criminal Misc. Application No. 46/2020 under Section 340 CrPC can be sustained in the absence of any material or evidence to support the allegation of perjury.
Final Decision
The petition is allowed. The notice issued to the petitioner in Criminal Misc. Application No. 46/2020 is quashed and set aside. The Criminal Misc. Application No. 46/2020 pending before the District Judge-1 and Additional Sessions Judge at Mapusa is also quashed and set aside.
Law Points
- Section 340 CrPC inquiry requires prima facie evidence of perjury
- affidavit in bail application not substantive evidence
- notice without material cannot be sustained
