Case Note & Summary
The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by the applicant, Satyanarayan Nandkishor Pande, who was Respondent No. 4 in the original Writ Petition No. 1455 of 2016. The application was filed against the respondents, Vijaykumar Gulabchand Sarda and Kalpana Vijaykumar Sarda, who were the petitioners in the writ petition. The applicant alleged that the respondents had filed false affidavits in the writ petition, thereby committing perjury and contempt of court. The court noted that the application was one of four similar applications placed for hearing, with overlapping facts. Advocate Mr. Nilesh Ojha made detailed submissions on behalf of the applicant. The court observed that a preliminary issue arose as to whether the accused/opposite party should be heard before the court orders an inquiry under Section 340 CrPC. After hearing arguments, the court held that at the preliminary stage, the court is only required to form a prima facie opinion and is not obligated to hear the accused. The court emphasized that the purpose of Section 340 CrPC is to prevent frivolous complaints and that the accused has no right to be heard before the court decides to make an inquiry. The court allowed the application and directed an inquiry into the alleged perjury. The judgment was pronounced on 22nd December 2018 by Justice S.J. Kathawalla.
Headnote
A) Criminal Procedure - Perjury - Section 340 CrPC - Preliminary Inquiry - The court is not required to hear the accused before directing an inquiry into the offence of perjury for filing false affidavits. The preliminary stage under Section 340 CrPC is only to determine whether an inquiry should be made, and the accused has no right to be heard at that stage. (Paras 1-3) B) Criminal Procedure - Contempt of Court - False Affidavit - Filing a false affidavit amounts to contempt of court and perjury, and the court can suo motu take cognizance and initiate proceedings under Section 340 CrPC. (Paras 1-3)
Issue of Consideration
Whether the court can hear the accused/opposite party before ordering an inquiry under Section 340 CrPC for filing false affidavits.
Final Decision
The court allowed the Civil Application and directed an inquiry under Section 340 CrPC against the respondents for filing false affidavits. The court held that the accused has no right to be heard at the preliminary stage before the court decides to make an inquiry.
Law Points
- Section 340 CrPC
- Section 195 CrPC
- perjury
- false affidavit
- preliminary inquiry
- hearing accused
- contempt of court
