Delhi District Court
Vide This Order I Shall Dispose Of The ... vs Sushil Kr. Goel Page 1 Of 6 on 6 October, 2015
IN THE COURT OF SH. VINOD KUMAR MEENA
CIVIL JUDGE13 (CENTRAL), THC, NEW DELHI
M92/14
Street No.3, Ansari Road, Darya Ganj
vs
Sushil Kumar Goel
ORDER ON APPLICATION UNDER SECTION 340 Cr.P.C
1.Vide this order I shall dispose of the application under section 340 of Cr. PC which is filed by the plaintiff/applicant against one Mr. D. N. Dimri, Superintending Archaeologist of Defendant no. 5.
Grounds of Application
2. It is averred by the plaintiff/applicant in the application under Section 340 of Cr.P.C that the written statement on behalf of defendant no. 5 was filed by Mr. D. N. Dimri, Superintending Archaeologist of the defendant no. 5. It is further averred by the plaintiff/applicant in the application under Section 340 of Cr.P.C that in its written statement defendant no. 5 has deliberately and intentionally mislead the court by mentioning that licence for constructions of suit property was issued by defendant no. 5 to defendant no. 1 and 2 whereas, it is the fact that defendant no 5 has issued licence for construction of suit property to defendant no. 1 only. It is averred by plaintiff/applicant that Mr. D. N. Dimri has committed an offence of giving false affidavit of a wrong fact M92/14 Street No. 3, Ansari Road , Darya Ganj vs Sushil Kr. Goel Page 1 of 6 in a judicial proceedings and accordingly Mr. D. N. Dimri has committed an offence under Section 340 of Cr.P.C.
3. Per contra, it is averred by the defendant no. 5 in its reply to the application under Section 340 of Cr.P.C that the present application under Section 340 Cr.P.C has been filed without any basis. It is further averred by or on behalf of the defendant no. 5 that due to typographic mistake/error, defendant no. 2 was typed with defendant no.1 at the end of para 8 at page 5 of the written statement. It is further averred by the defendant no. 5 that the defendant no.1 moved an application under Order 6 Rule 17 of CPC r/w Section 151 CPC for necessary amendment. It is averred by the defendant no. 5 that application under Section 340 of Cr.P.C be dismissed as same has been filed without any merits.
Finding by the Court
4. After hearing the submission on behalf of the plaintiff and before proceeding further with the present application the court deem it fit to discuss here the provisions as enumerated under section 340 Cr.P.C.
Section 340 Cr. P. C reads as under:
"340. Procedure in cases mentioned in section 195.
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub section (1) of M92/14 Street No. 3, Ansari Road , Darya Ganj vs Sushil Kr. Goel Page 2 of 6 section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub section (4) of section 195.
(3) A complaint made under this section shall be signed,
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court.
(4) In this section," Court" has the same meaning as in section 195.M92/14 Street No. 3, Ansari Road , Darya Ganj vs Sushil Kr. Goel Page 3 of 6
5. So after going through the provisions as enumerated under section 340 of Cr. PC. It is clear that proceedings under section 340 of Cr.PC can be invoked if the offence as mentioned under section 195 (1) clause (b) of Cr.P.C appears to have been committed. Section 195 (1) (b)(i) of Cr. PC provides the offences as enumerated under section 193 to 196, 199,200,205,211 and 228 of IPC. The section 193 to section 211 of IPC comes under chapter XI under the headings of the false evidence and offences against public justice. However, in the present matter, even the issues have not been framed and the plaint was rejected under Order 7 Rule of 11 CPC. So it is very much clear that the offence as enumerated under section 195 (1) (b)(i) have not been committed. As far as the offences as mentioned under section 195 (1)(b)(ii) of Cr. PC are concerned, same pertains to commission of the offence, with respect to the documents produced or given in evidence. However, in the present application, there is admittedly nothing to substantiate that any document had been produced or given in evidence. In other words, the present matter in hand does not pertains to forgery with respect to any documents accordingly even the offence as enumerated under section 195 (1)(b)(ii) have not been committed. As far as the offence as mentioned under section 195(1)(b)(iii) are concerned, same pertains to criminal conspiracy, with respect to the offence as mentioned under section 195 (1)(b)(i) & (ii) of Cr. PC, however, there is no evidence or arverments w.r.t the commission of Criminal conspiracy of any of the offences as mentioned under M92/14 Street No. 3, Ansari Road , Darya Ganj vs Sushil Kr. Goel Page 4 of 6 Section 195 (1)(b)(i) & (ii) of Cr. PC.
6. In view of the above mentioned the Court left with no doubt that the present application under section 340 of Cr. PC is not maintainable on the face of it. Though from the above mentioned discussion, it is clear that present application under section 340 of Cr. P.C is not at all maintainable, yet in the interest of justice the Court is also deciding the application on merits on the basis of facts as mentioned in the application.
7. As far as the contention of the plaintiff to the effect that it was mentioned by defendant no.5 in the written statement that license has been issued to the defendant no.1 & 2, is concerned, the Court is of the view that making a innocuous statement in the pleadings cannot attract the proceedings under Section 340 of Cr. P.C. Moreover, the defendant no.5 had admittedly moved an application under Order 6 Rule 17 of CPC on 04.10.2012 for rectifying the defect by averring that due to typographical mistake/error, defendant no. 2 was typed with defendant no.1 at the end of para 8 at page 5 of the written statement. It is pertinent to mention here that the plaint has already been rejected under Section 7 Rule 11 of CPC vide detailed order dt. 05.01.2013.
8. It is also pertinent to mention here that it is not the case of the plaintiff/applicant that due to averment of the defendant no. 5 w.r.t the fact license has been issued to the defendant no.1 & M92/14 Street No. 3, Ansari Road , Darya Ganj vs Sushil Kr. Goel Page 5 of 6 2, any harm has been caused to the merits of the present case. It is also pertinent to mention here that the plaint in itself has been rejected under Order 7 Rule 11 of CPC.
Court observations
9. After going through the above mentioned the court is of the view that there are no ground for invoking the provisions Under section 340 Cr.P.C. It is clear that the present application under Section 340 Cr. P.C. has been moved without any basis.
Conclusion
10. In view of the above mentioned observation, the application u/s 340 Cr. P. C stands disposed of as dismissed.
11. File be consigned to record room after due compliance.
Announced in the open Court
on 06.10.2015 (Vinod Kumar Meena)
(Total pages 1 to 6) CJ13 (Central)/06.10.2015
M92/14 Street No. 3, Ansari Road , Darya Ganj vs Sushil Kr. Goel Page 6 of 6