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Showing contexts for: false writ in Narender Kumar vs State (Govt. Of Nct Of Delhi) on 31 August, 2018Matching Fragments
(Oral) (1) This criminal appeal impugns the Judgment dated 31.03.2018 and Order on Sentence dated 4.4.2018 passed by Ld. CMM (Central) in case bearing CC No.49/1 under Section 193/199/200 IPC of Police Station Subzi Mandi titled as "State vs. Narender Kumar".
(2) The brief facts of the case are that on 11.08.2009 before the Hon'ble High Court of Delhi in a Judicial proceeding vide Writ Narender Kumar Vs. State, Crl. Appeal No. 08/2018, Judgment Dt. 31.08.2018 Page No. 1 of 39 Petition No. 1011/2009 titled as "Narender Kumar & Anr. Vs. State & Anr." the appellant / accused Narender Kumar made a false statement with respect to the relationship of Raj Kumar and Pooja which he knew to be false and he also filed a false affidavit with false averments in the said Writ Petition. This being the background, vide order dated 04.11.2009, the Hon'ble Delhi High Court dismissed the said Writ Petition with cost and directed to proceed against Narender Kumar under Section 340 Cr.PC for making a false statement before the court on 11.08.2009 besides swearing a false affidavit with false averments in the petition. Pursuant to said directions of Hon'ble Delhi High Court, a complaint under Section 340 Cr.PC read with Section 195 Cr.PC was filed by the then Ld. Registrar General of Hon'ble High Court of Delhi, to proceed against the appellant / accused Narender Kumar which complaint came up for hearing before the Ld. Trial Court being the Designated Court to deal with such complaints.
That the Ld. Trial Court has failed to appreciate that there was no lawful ground and justification for awarding the sentence.
(5) No formal reply to the appeal has been filed by the Respondent / State. The Ld. Addl. PP for the State has filed written memorandum of arguments wherein he submitted that the impugned judgment is a well crafted judgment which has been passed after due appreciation of evidence. It is submitted that appellant intentionally filed a false writ petition along with the affidavit before the Hon'ble High Court showing that it was not in his knowledge that the said Narender Kumar Vs. State, Crl. Appeal No. 08/2018, Judgment Dt. 31.08.2018 Page No. 5 of 39 Pooja was not the wife of his brother Raj Kumar. It is further submitted that during the arguments before the Hon'ble High Court, on the specific query of Hon'ble Justice, the appellant stated that his brother was a bachelor. Ld. Addl. PP for the State has further submitted that the said order of the Hon'ble High Court dated 4 th November, 2009 was not challenged before the Hon'ble Supreme Court. He has pointed out that no cross examination was conducted to this effect i.e. whether any statement regarding the relation of Pooja with Raj Kumar was made by the appellant before the Hon'ble High Court or not or that contents of the affidavit was not in his knowledge, from Sh. Parmod Kumar (PW1) and Sh. Gopal Sharma Advocate (PW5). Ld. PP has further submitted that the appellant, during his statement u/s 313 Cr.PC, again gave false answer that it was not his knowledge whether the Pooja was the wife of his Raj Kumar or not. It is also argued that it is a settled law that if an accused gave false answers during the statement recorded under Section 313 Cr.PC, then this circumstance can be taken into consideration against him.
46. Having said so, it is clear that the prosecution has been able to establish its case against the accused beyond the shadow of reasonable doubt. The accused is accordingly held guilty and is convicted for the offences punishable under section 193, 199 and 200 IPC.....".
Narender Kumar Vs. State, Crl. Appeal No. 08/2018, Judgment Dt. 31.08.2018 Page No. 23 of 39 (17) Hence, I note that the impugned judgment dated 31.03.2018 as highlighted above is a well crafted judgment and has been passed after due appreciation of evidence. (18) Firstly, the appellant intentionally filed a false writ petition along with the affidavit before the Hon'ble High Court showing that it was not in his knowledge that the said Pooja was not the wife of his brother Raj Kumar.
(35) Further, once the Hon'ble Delhi High Court had directly made query from the appellant, he was legally bound to state the truth and it is not open for him to make any statement particularly when it is false. The appellant being aware of the factum of the marriage of his brother Raj Kumar with a lady Pooja, even though believing his version that he was not aware of her identity, he could not have concealed the factum of said marriage and in the entire Writ Petition, wherein he had been continuously referring to Pooja as an unidentified or unknown lady and then claimed before the Hon'ble Court that his brother Raj Kumar was never married or that he was a Bachelor. The entire proceedings in totality, establish the concealment of material fact in the Writ Petition and the fact that the appellant had made false statements before the Hon'ble Delhi High Court which he knew and believed to be false in order to secure a favourable order from the Hon'ble Delhi High Court. (36) Hence, the appellant having made a false statement under Section 191 Indian Penal Code intentionally in judicial proceedings for the purpose of being used in any stage of the judicial proceedings, had committed an offence under Section 193 Indian Penal Code. Further, the appellant having made statements in the Writ Petition Narender Kumar Vs. State, Crl. Appeal No. 08/2018, Judgment Dt. 31.08.2018 Page No. 36 of 39 before a Court of Justice (Delhi High Court) which he knew to be false or believed to be false or did not believe to be true, touching on the points material to the object for which the declaration were made, had committed an offence punishable under Section 199 Indian Penal Code. The appellant had also corruptly used or attempted to use true such declaration, knowing the same to be false in material points and hence committed an offence punishable under Section 200 Indian Penal Code. This being the background, the conviction of the appellant Narender Kumar by the Ld. Trial Court under the provisions of Sections 193, 199 and 200 Indian Penal Code is hereby upheld.