Case Note & Summary
The petitioners, who were members of a Gram Panchayat, filed affidavits in support of an anticipatory bail application filed by an accused involved in offences under Sections 468 and 471 of the Indian Penal Code. The learned Additional Sessions Judge, while rejecting the bail application, observed that the affidavits submitted by the petitioners were false and that they had tried to mislead the court. Consequently, show cause notices dated 19/4/2016 were issued to the petitioners under Section 344 of the Code of Criminal Procedure, 1973 (CrPC). The petitioners appeared before the court on 28/4/2016, but further proceedings were stayed by the High Court on 4/5/2016. The petitioners challenged the notices, contending that the mere filing of false affidavits does not warrant action under Section 344 CrPC, relying on the judgment in Dr. (Miss) Azmy Pest Bharucha vs. The State of Maharashtra (2000 ALL MR (Cri) 459). The High Court agreed, holding that Section 344 CrPC requires a specific finding that the false statement was made intentionally and that it is expedient in the interests of justice to try the offender summarily. Since the impugned notices were issued merely on the basis of some documents filed in the proceedings without such findings, they were quashed and set aside. The petition was allowed.
Headnote
A) Criminal Procedure - Contempt of Court - Section 344 CrPC - Summary Procedure for False Evidence - The court held that merely observing that false affidavits were filed in any proceeding is not sufficient to issue show cause notices under Section 344 CrPC; there must be a specific finding that the false statement was made intentionally and that it is expedient in the interests of justice to try the offender summarily. The impugned notices were quashed as they were issued without such findings. (Paras 3-5)
Issue of Consideration
Whether the issuance of show cause notices under Section 344 of the Code of Criminal Procedure, 1973, based solely on the observation that false affidavits were filed in bail proceedings, is legally sustainable
Final Decision
The petition is allowed. The impugned notices dated 19/4/2016 issued under Section 344 of the Code of Criminal Procedure are quashed and set aside.
Law Points
- Section 344 CrPC requires a specific finding that the false statement was made intentionally and that it is expedient in the interests of justice to try the offender summarily
- mere filing of false affidavits without such finding is insufficient
Case Details
2017 LawText (BOM) (08) 165
Criminal Writ Petition No.348 of 2016
Shri P.W. Mirza for petitioners, Shri S. Sirpurkar for respondent
Smt. Anita Anil Kale, Raviprakash Raut/Ravindra Raut, Anjuman Khan Muzzaffar Khan, Ghulamnabi Mohd. Habib
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Nature of Litigation
Criminal writ petition challenging show cause notices issued under Section 344 CrPC for filing false affidavits in bail proceedings
Remedy Sought
Quashing of show cause notices dated 19/4/2016 issued under Section 344 CrPC
Filing Reason
Petitioners were issued show cause notices under Section 344 CrPC on the ground that they filed false affidavits in support of an anticipatory bail application
Previous Decisions
The learned Additional Sessions Judge rejected the bail application and observed that the affidavits were false; thereafter notices under Section 344 CrPC were issued
Issues
Whether the issuance of show cause notices under Section 344 CrPC based solely on the observation that false affidavits were filed is legally sustainable
Submissions/Arguments
Petitioners argued that mere filing of false affidavits is not sufficient to issue notices under Section 344 CrPC, relying on Dr. (Miss) Azmy Pest Bharucha vs. The State of Maharashtra
Respondent argued in support of the notices
Ratio Decidendi
Section 344 CrPC requires a specific finding that the false statement was made intentionally and that it is expedient in the interests of justice to try the offender summarily; mere filing of false affidavits without such findings is insufficient to initiate summary proceedings.
Judgment Excerpts
recourse adopted by learned Additional Sessions Judge to Section 344 of the Code of Criminal Procedure is contrary to law as merely observing that false affidavits are filed in any proceeding is not sufficient to issue show cause notices under the said provision
the impugned notices are issued merely on the basis of some documents filed in the proceedings and as such, the same cannot be sustained
Procedural History
The petitioners filed affidavits in support of an anticipatory bail application in Miscellaneous Criminal Application No.1095/2015 before the Additional Sessions Judge, Amravati. The judge rejected the bail application and observed that the affidavits were false. On 19/4/2016, show cause notices under Section 344 CrPC were issued to the petitioners. The petitioners appeared on 28/4/2016, but proceedings were stayed by the High Court on 4/5/2016. The petitioners then filed the present writ petition challenging the notices.
Acts & Sections
- Code of Criminal Procedure, 1973: 344
- Indian Penal Code, 1860: 468, 471
