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Sanser Pal Singh vs Registrar General, Delhi High Court And ... on 17 February, 2022

Author: Vipin Sanghi

Bench: Vipin Sanghi, Jasmeet Singh

                           $~23 & 24
                           *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +     W.P.(C) 464/2022 & CM APPL.5011/2022
                                 SANSER PAL SINGH                                 ..... Petitioner
                                             Through:     Petitioner in person
                                             versus
                                 REGISTRAR GENERAL, DELHI HIGH COURT AND ORS
                                                                      ..... Respondents
                                             Through: Mr. Anurag Ahluwalia and Mr. Danish
                                             Faraz Khan, Advs. for R-1.
                                             Ms. Avnish Ahlawat, Standing Counsel with Ms. Tania
                                             Ahlawat, Mr. Nitesh Kumar Singh and Ms. Palak
                                             Rohmetra, Advs. for R-2, 3 and 4.

                           +     W.P.(C) 1782/2022 & CM APPL. 5129/2022
                                 SANSER PAL SINGH                                 ..... Petitioner
                                             Through:     Petitioner in person
                                             versus
                               HON'BLE DELHI HIGH COURT THROUGH: REGISTRAR
                               GENERAL                                    ..... Respondent
                                        Through: Mr. Anurag Ahluwalia, Central Government
                                        Standing Counsel (UOI) with Mr.Danish Faraz Khan &
                                        Mr. Rishab Narayan, Advs.
                           CORAM:
                           HON'BLE MR. JUSTICE VIPIN SANGHI
                           HON'BLE MR. JUSTICE JASMEET SINGH
                                        ORDER

% 17.02.2022 W.Ps.(C) 464/2022 & 1782/2022 At the outset, the petitioner states that he has deleted the YouTube channel, which contained the offending videos.

Let an affidavit be filed in this regard, on record, along with the relevant evidence in respect thereof within four weeks.

1. This application has been moved by the petitioner under Section 340 Cr. P. C. to seek a direction for holding of a preliminary inquiry in the present writ petition for the alleged commission of offences referred to in Section 195(1)(b) Cr.P.C., which are punishable under Sections 193/196/209/177/182 of IPC. The petitioner also seeks a direction for making of a complaint to the Metropolitan Magistrate having jurisdiction, against Mr. Girish Kathpalia, learned Principal & District Session Judge (HQs) i.e. respondent No. 2 for commission of offences falling under the aforesaid provision of the IPC.

2. The petitioner, who is the applicant, is a practising lawyer; he is appearing in person. This application is premised on the narration recorded by this Court in its order dated 10.01.2022, in these proceedings. In the second paragraph of the said order, the submission of learned counsel appearing for the respondent No. 2 i.e. the learned Principal & District Session Judge (HQs) was noticed. The counsel for the respondent No. 2 stated, on instructions, 'that the petitioner is in the habit of filing complaints and in as many as eight complaints cases, after the summons were issued, he had failed to prosecute them.' The petitioner contends that this is a false statement made by and on behalf of the respondent No. 2, which attracts Section 340 read with Section 195 Cr. P.C. on the allegation that offences have been committed under the aforesaid provisions of the IPC.

3. We find the present application to be completely frivolous and irresponsible. We have not examined the basis on which the petitioner Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:20.02.2022 01:43:07 claims that the aforesaid statement made on behalf of the respondent No. 2 is claimed to be 'false'. We are not even inclined to do that, since Section 340 Cr. P.C. leaves it to the Court, when it is 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 Section 195, which appears to have been committed in or with relation to a proceeding in the Court or, in respect of a document produced or given in evidence in the proceeding in the Court, to cause a preliminary inquiry and make a complaint thereof in writing. Clause (b) of sub-section (1) of Section 195 Cr. P.C., inter alia, refers to offences under Sections 193/ 194/ 195/ 196/ 199/ 200/ 205/ 206/ 207/ 208/ 209/ 210/ 211 and 228 of IPC, when such offence is alleged to have been committed in, or in relation to any proceeding in any Court.

4. Sections 193, 196, 209, 177 and 182 of IPC are ones the petitioner places reliance on.

5. Sections 177 and 182 IPC are not covered by clause (b) of sub- section (1) of Section 195 Cr. P. C. and, therefore, invocation of the said provisions of the IPC by the petitioner is completely misplaced while preferring the present application under Section 340 Cr. P. C.

6. Section 193, 196 and 209 fall under 340 Cr. P. C. Sections 193 and 196 of IPC read as follows:

"193. Punishment for false evidence.--Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:20.02.2022 01:43:07 three years, and shall also be liable to fine.

Explanation 1.--A trial before a Court-martial; 1[***] is a judicial proceeding. Explanation 2.--An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice."

"196. Using evidence known to be false.--Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence."

7. A perusal of these provisions would show that they relate to giving of false evidence by a witness in judicial proceedings or using as true or genuine evidence, any evidence which is known to the person to be false or fabricated.

8. The respondent No. 2 has not furnished any evidence before the Court in terms of the Indian Evidence Act, 1872. So far as Section 209 IPC is concerned, the same is read as follows:

"209. Dishonestly making false claim in Court.--Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine."

9. There is no basis set out in the application to claim that the respondent No. 2 instructed the counsel to make the statement as aforesaid, fraudulently or dishonestly or with an intent to injure or annoy any person, much less the petitioner, knowing the same to be false. Since, the application is completely devoid of any particulars in this regard, the same can only be described as frivolous.

10. It appears to the Court that the petitioner is trying to browbeat the respondent by preferring the present application. We, therefore, dismiss the same with costs, quantified at Rs. 50,000/- to be deposited to the Delhi State Legal Services Authority within two weeks.

11. List on 11.07.2022 for reporting compliance.

VIPIN SANGHI, J JASMEET SINGH, J FEBRUARY 17, 2022 SS/DM Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:20.02.2022 01:43:07