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2011 Supreme(SC) 1374
SUPREME COURT OF INDIA
G.S. SINGHVI, ASOK KUMAR GANGULY, JJ.
Abdul Gani Bhat - Petitioner
Versus
Chairman, Islamia College Governing Board and Ors. - Respondents
Cri. M.P. Nos. 21733-21734 of 2010 in SLP Nos. 1995-1996 of 2006
Decided on : 25-01-2011.
The court's decision was based on the lack of valid grounds to initiate proceedings against the respondents for alleged false statements.
Headnote:
False Statements - Complaint Filing - The court dismissed the petition seeking direction to file a complaint against respondents for making false statements before the court.
Fact of the Case:
The petitioner sought to direct the Registrar to file a complaint against the respondents for allegedly making false statements in their reply to the court.
Finding of the Court:
The court found no valid ground to justify issuing a direction to the Registrar to initiate proceedings against the respondents based on the petitioner's claim of false statements.
Issues: Petitioner's request for directing the Registrar to file a complaint against respondents for false statements.
Ratio Decidendi: The court concluded that the petitioner's claim of false statements in the respondents' written statement did not warrant the initiation of proceedings against the respondents.
Final Decision: The applications for directing the Registrar to file a complaint against the respondents were dismissed.
ORDER :
1. These petitions have been filed by Shri Abdul Gani Bhat for directing the Registrar of this Court to file complaint before the appropriate forum against the respondents for having made false statements before this Court.
2. The petitioner has referred to order dated 24.3.2006 passed in SLP(C) Nos. 1995-1996/2006, which were directed against order dated 21.11.2005 passed by the Jammu and Kashmir High Court in LPA No.200/2005. He has then averred that in the reply filed by respondent No.2, a number of false statements were made on the issue of payment of subsistence allowance, his designation in the College as Physical Instructor instead of Physical Director, Physical Education, the alleged filing of dozens of cases against the college authorities and indulging in luxury litigation. He has also pleaded that the averments contained in paras 8 and 9 of the reply were also patently false and misleading and has prayed that action may be initiated against the respondents under Section 340 of the Code of Criminal Procedure.
3. We have heard Shri Abdul Gani Bhat, who appeared in person and carefully perused the record. In our view, there is no valid ground much less justification for issue of a direction to the Registrar to initiate proceedings against the respondents by filing complaint merely because some of the statements made in the written statement were, as per the petitioner's version, false.
4. The applications are accordingly dismissed.
Application dismissed.
