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SUPREME COURT OF INDIA
PROTIMA SEN
versus
BENEY BHUSHAN SEN
Decide on January 28, 1971
Frivolous Appeal - False Allegations - Discretion of Court
Fact of the Case:
The appellant alleged that the respondent made false allegations against her and her husband in a petition for special leave to appeal. She sought prosecution of the respondent, but the High court rejected the application.
Finding of the Court:
The court found the appeal to be frivolous as the statements complained of did not constitute an offence in law. It emphasized that the decision to take action against a party is within the discretion of the concerned court and that no court will take notice of trifles.
Issues: Allegations of False Statements, Prosecution Request, Discretion of Court
Ratio Decidendi: The court emphasized that the statements complained of did not amount to an offence and that the decision to take action against a party is at the discretion of the court. It also highlighted that no court will take notice of trifles.
Final Decision: The appeal was dismissed with costs.
Judgment
Hegde,
( 1 ) THIS is a frivolous appeal. The allegation of the appellant is that in the petition filed before the High court for special leave to appeal to this court, the respondent had made certain false allegations against the appellant and her husband. On that basis she prayed that the respondent be prosecuted. The statements complained of do not constitute an offence in law. Further whether in a particular case action should be taken against a party is a matter within the discretion of the concerned court. No court will take notice of trifles. The High court was fully justified in rejecting the application. The appeal is dismissed with costs.
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