Bombay High Court first time exercising powers conferred under section 340 of Cr. P.C. punishes Husband for making false statement in Affidavit under section 195 of Indian penal Code
“The guidelines of Supreme Court as followed in Sanjeev Mittal’s case 2011 RCR (CRI) (7) 2111 is need of the time. It is necessary to pen down the class of people who perpetuate illegal acts by obtaining stays and injunctions from the Courts by frivolous litigation by making false statements – one of the reasons for over-flowing of court dockets is the frivolous litigation – It has unfortunately become the order of the day, for false statements to be made in the course of judicial proceedings even on oath and attempts made to substantiate these false statements through affidavits or fabricated documents -Even if these litigants ultimately loose the lis, they become the real victors and have the last laugh. This class of people who perpetuate illegal acts by obtaining stays and injunctions from the Courts must be made to pay the sufferer not only the entire illegal gains made by them as costs to the person deprived of his right and also must be burdened with exemplary costs. Faith of people in judiciary can only be sustained if the persons on the right side of the law do not feel that even if they keep fighting for justice in the Court and ultimately win, they would turn out to be a fool since winning a case after 20 or 30 years would make wrong doer as real gainer, who had reaped the benefits for all those years. Thus, it becomes the duty of the Courts to see that such wrong doers are discouraged at every step – Despite settled legal positions, the obvious wrong doers, use one after another tier of judicial review mechanism as a gamble, knowing fully well that dice is always loaded in their favour, since even if they lose, the time gained is the real gain .
It is very necessary at least in a few glaring cases that an example be made of persons who are indulging in such malpractices which undermine the very administration of justice dispensation system and the working of the Courts. This will at least have a deterrent effect on others.
A party, whether he is a petitioner or a respondent, or a witness, has to respect the solemnity of the proceedings in the court and he cannot play with the courts and pollute the stream of justice. It is cases like this, with false claims (or false defences) which load the courts, cause delays, consume judicial time and bring a bad name to the judicial system. This case is a sample where the facts are glaring. Even if they were not so glaring, once falsehood is apparent, to not take action would be improper.
The judicial system has a right and a duty to protect itself from such conduct by the litigants and to ensure that where such conduct has taken place, the matter is investigated and reaches its logical conclusion and depending on the finding which is returned in such proceedings, appropriate punishment is meted out.
Unless the judicial system protects itself from such wrongdoing by taking cognizance, directing prosecution, and punishing those found guilty, it will be failing in its duty to render justice to the citizens. Litigation caused by false claims and defences will come to be placed before the courts, load the dockets and delay delivery of justice to those who are genuinely in need of it.
What constitutes the offence – the first offence was of forging the document and then using it before Court in order to cause injury to the other party -Two offences are separate and are to be prosecuted and tried separately – when the present petition containing false averments and relying on forged documents (which were also filed) was filed, a second offence stood committed That second offence was of: (1) making a false averment in the petition duly verified and filing the same in court; and (2) asking the Court for a judgment on the basis of false averments and forged documents.“
this is the first time in the history of Bombay High Court that an order has been passed under the provisions of section 340 of the Criminal Procedure Code directing an enquiry against the accused in anticipatory bail matter.