Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | perjury u/s.340 s.340 false averments in anticipatory bail Matrimonial proceedings Cr.P.C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.340 – Matrimonial proceedings – Certain averments made in anticipatory bail applications both before the Sessions Court as well as the High Court – Allegation that the statements made were knowingly false and were deliberately made in order to get favourable orders from the Court – Sessions Court held that the application filed by the applicant is premature – Same statements made in anticipatory bail application before the High Court – High Court found that statement made in the aforesaid application was false and therefore, a primafacie case was made out for perjury u/s.340 and that it would be expedient in the interest of justice to prosecute the appellant – On appeal, held: There should be something deliberate- a statement should be made deliberately and consciously which is found to be false as a result of comparing it with unimpeachable evidence,documentary or otherwise – In the facts of the present case, the statement made in the anticipatory bail application cannot be tested against unimpeachable evidence as evidence has not yet been led –High Court has not scrutinised any evidence as there was none to scrutinise – All that the High Court has seen is a preliminary investigation report, and that too by a police officer, together with a High Court order granting anticipatory bail, none of which can be said to be unimpeachable evidence against which it can clearly be stated that a prima facie case of perjury can be said to have been made out – Order of the High Court set aside. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2019 INSC 270 |
Petitioner | Aarish Asgar Qureshi |
Respondent | Fareed Ahmed Qureshi & Anr. |
SCR | [2019] 3 S.C.R. 400 |
Judgement Date | 2019-02-26 |
Case Number | 387 |
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