ROHINTON FALI NARIMAN, VINEET SARAN
Aarish Asgar Qureshi – Appellant
Versus
Fareed Ahmed Qureshi – Respondent
Key Points: - The Court held that for invoking Section 340 read with Section 195(1)(b), CrPC there must be something deliberate; a statement must be made deliberately and consciously and found to be false by comparing with unimpeachable evidence (documentary or otherwise) (!) (!) - There must be a prima facie case of deliberate falsehood on a matter of substance; proceeding should not be started based on mere inaccuracy or inconclusive material (!)
JUDGMENT :
ROHINTON FALI NARIMAN, J.
1. Leave granted.
2. The present case arises out of a judgment dated 07.03.2018 of the High Court of Judicature at Bombay, in which the High Court felt that a prima facie case has been made out for perjury under Section 340 of the Cr.P.C. and that it would be expedient in the interest of justice to prosecute the appellant before us.
3. The present case arises out of matrimonial proceedings in which certain averments have been made in anticipatory bail applications both before the Sessions Court as well as the High Court. Insofar as the anticipatory bail application before the Sessions Court is concerned, the applicants in the aforesaid application stated:
“8. That the Applicant No. 1 was deeply troubled by these developments and thus approached his mother in law, Naseem Qureshi to ask for her intervention in this matter and in the hope that a mother would be able to talk sense to her own daughter and improve their relations. However, despite the intervention of several family members, there was no change in Sana’s behaviour. During this period, it came to light that Sana was having an affair with one Waseem Shaikh who resided in Mahim. The in-laws of
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