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Reserved on : 11/07/2018 Delivered on : 17/07/2018 This petition has been filed by the applicant under Section 482 r/w 340 of CrPC for taking action against the respondent for making false declaration and filing false affidavit before this Court in M.Cr.C.No.3429/2016.

2. Learned counsel for the applicant submitted that on the report of applicant police registered Crime No.1322/2015 at P.S. Garha for the offence punishable under Section 3 & 4 of Dowry Prohibition Act against the Respondent and co-accused Ghanshyam Tiwari, Smt. Deepa Tiwari, Ajay Tiwari and Pankaj Tiwari. Respondent had filed an application under Section 438 of CrPC before this court for getting anticipatory bail in the crime, which was registered as M.Cr.C.No.3429/2016 and disposed of by this court vide order dated 23/02/16. In that application, respondent stated that to the best of his knowledge no application for bail has been filed by the co- accused persons and also filed an affidavit in support of his application. While the respondent is real brother of Smt. Deepa Tiwari and maternal uncle of Pankaj Tiwari. Respondent even has also claimed parity for getting the similar benefit as extended to other co-accused by this Court while disposing of the bail application filed by them, therefore, it is very much clear that the respondent was aware about the filing and disposing of the bail application of other co-accused of the crime before this court and inspite of having knowledge of this fact respondent deliberately made false declaration on affidavit before this Court that he has no knowledge for filing of bail by the co-accused persons of the crime.

4. Learned counsel for the respondent opposed the prayer and submitted that the respondent did not deliberately made false declaration in his application. Respondent had only stated in his application that "to the best of my knowledge, no bail application is filed by the co-accused". There is no evidence on record to show that at the time of filing of the bail application respondent had had the knowledge that co-accused of the crime i.e. Ghanshyam Tiwari and Smt. Deepa Tiwari have already filed their bail application before this court. So no offence is made out against the respondent and prayed for rejection of the application.