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1 - 10 of 12 (0.86 seconds)The Code of Criminal Procedure, 1973
Zahira Habibulla H Sheikh And Anr vs State Of Gujarat And Ors on 12 April, 2004
(g) Zahira H. Sheikh & Anr. Vs. State of Gujarat & others on 8 March
2006 SC Appeal Crl.) 446449 of 2004.
Bses Rajdhani Power Ltd. vs Shiv Dayal & Anr. on 27 January, 2011
(a) BSES Rajdhani Power Ltd. Vs. Shiv Lal 2009 (5) RCR Crl. P. 398
Delhi High Court.
R.S. Sujatha vs State Of Karnataka & Ors on 29 November, 2010
(c)R.S. Sujatha Vs. State of Karnataka and others 2011(1) RCR Crl.
K. Karunakaran vs T. V. Eachara Warrier on 16 November, 1977
(d) K. Karunakaran Vs. T.V. Eachara Warrier 1078 AIR 290, 1078
SCR (2) 209.
Kuriakose vs State Of Kerala on 1 February, 1994
In 1995 Crl J 1751, case titled as Kuriakose Vs. State of Kerala, it
was held that "it is not in all the cases when witness speaks falsehood
that action shall be initiated against him for perjury by invoking section
340 Cr.P.C. There must be prima facie satisfaction on the part of the
Smt. Rajni Sehrawat Vs. Sh. Rakesh Sehrawat No. 696/3/05
Unique ID No. 02401R1032232003 Page 12 of 14
Court that such a proceeding should be initiated for the interest of
justice".
Jagjit Kaur vs Harjeet Singh (Lt. Col.) & Anr. on 27 October, 1999
27.It has also been held by the Hon'ble High Court of Delhi in case titled as
Jagjeet Kaur Vs. Harjeet Singh cited as 2000 I AD (Delhi) 129 that
"the primary object to take proceeding u/s 340 Cr.P.C in instituting a
complaint for giving false evidence, is to curb the evil of perjury and to
keep the flow of proceeding in Courts unsullied and pure. It is only in a
rare case, when the Court come to the conclusion that if a complaint is
filed conviction is more or less a certainty, that it chooses to become a
complainant. In such like contentious issues when the wife can again
indulge in proving that the husband was wrong and she was right, it is
not expedient for the Court to enter into the facts and become a
complainant at the behest of the husband".
Iqbal Singh Marwah & Anr vs Meenakshi Marwah & Anr on 11 March, 2005
24.It has been held by Apex Court in the case of Iqbal Singh Marwah Vs.
Meenkshi Marwah cited at 118 (2005) DLT 329 (SC) that " the Court is
not bound to make a complaint regarding commission of an offence
referred to u/s 195 (1) (b) Cr.P.C. Before filing of the complaint, Court
may hold a preliminary inquiry and record a finding to the effect that it
is expedient in the interest of justice that inquiry should be made into any
of the offences referred to in Section 195 (1) (b) Cr.P.C. This expediency
would normally be judged by the Court by weighing, not the magnitude
of the injury suffered by the person affected by such forgery but having
regard to the effect or impact, such commission of offence has upon the
administration of jutice".
Pritish vs State Of Maharashtra & Ors on 21 November, 2001
(e) Pritish Vs. State of Maharashtra & others (2002) SC 253 (para 16).