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2024 Supreme(SC) 663

B. R. GAVAI, SANJAY KAROL, K. V. VISWANATHAN
James Kunjwal – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Sweta Rani, AOR
For the Respondent(s):Mr. Manan Verma, AOR Petitioner-in-person, AOR

Judgement Key Points

Based on the provided legal document, here are the key points regarding the Supreme Court judgment:

Case Details * Case Name: James Kunjwal vs. State Of Uttarakhand & Anr. * Citation: 2024 Supreme (SC) 663; 2024 4 ACR 132; 2024 AIR(SC) 3965; 2024 129 AllCriC 623; 2024 4 EastCrC(SC) 52; 2024 INSC 601; 2024 4 JCR(SC) 191; 2024 2 KLD 376; 2024 KLT(Online) 2082; 2024 3 LawHerald(SC) 2339; 2024 3 MLJ(Cri) 433; 2024 8 SCR 332; 2024 2 OLR 403; 2024 6 Supreme 159. * Court: Supreme Court of India (Bench: B.R. Gavai, Sanjay Karol, K.V. Viswanathan, JJ.). * Decision Date: 13-08-2024. * Outcome: Appeal allowed; High Court direction to register a complaint set aside; proceedings quashed. (!)

Legal Provisions Referred * Bharatiya Nyaya Sanhita (BNS), 2023: Section 229 (Perjury). (!) * Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Section 215. (!) * Code of Criminal Procedure (CrPC), 1973: Section 195 and Section 195(1)(b). (!) * Indian Penal Code (IPC), 1860: Section 193 (Punishment for False Evidence) and Section 191 (Giving false evidence). (!)

Key Legal Principles Established * Threshold for Perjury: There must be a "deliberate falsehood on a matter of substance." (!) * Prima Facie Opinion: The Court must be of the prima facie opinion that there are sufficient and reasonable grounds to initiate proceedings against the alleged false statement maker. (!) * Suspicion vs. Offence: Mere suspicion or inaccurate statements do not attract the offence of perjury. (!) * Interest of Justice: Proceedings under these sections should only be initiated when it is "expedient in the interests of justice to punish the delinquent," not merely due to inaccuracy that may be innocent or immaterial. (!) * Denial Simpliciter: A simple denial of allegations (denial simpliciter) does not meet the threshold for perjury, especially if no malafide intention or deliberate attempt to deceive is evident. (!) * Exceptional Circumstances: Such proceedings are reserved for exceptional circumstances, such as when a party perjury themselves to obtain beneficial orders from the Court. (!)

Facts of the Case * Background: The appellant was an accused in an FIR under Sections 376 & 504 IPC for alleged relations on false pretence of marriage. (!) * Conflict: The complainant alleged the appellant continued harassment via WhatsApp messages and status updates despite a promise made at the police station to stop. (!) * Appellant's Response: In his affidavit before the High Court, the appellant denied the complainant's allegations, stating that WhatsApp statuses are not direct messages sent to specific individuals and represent a privacy invasion by viewers rather than an act by the poster. (!) * High Court Order: The High Court of Uttarakhand, while dismissing the bail cancellation application, observed that the appellant "intentionally filed a false affidavit" and directed the Registrar to file a complaint under Section 193 IPC. (!) * Appeal Ground: The appellant argued that mere denial of averments in pleadings does not constitute perjury and that the Court is not bound to file a complaint unless it is expedient in the interest of justice. (!)

Court's Reasoning * The statements made by the appellant were essentially a denial of the complainant's version of events and a statement of his own version. (!) * No malafide intention or deliberate attempt to deceive could be understood from the appellant's affidavit. (!) * The appellant was already facing a trial for the main offence; initiating separate proceedings for perjury based on these statements would constitute an independent offence without clear evidence of deliberate falsehood on a matter of substance. (!) * The respondent (State) provided no specific material evidence to prove the falsehood, only alleging untruthfulness. (!)

Final Ruling * The direction of the High Court to register a complaint against the appellant is set aside. (!) * Any proceedings arising from the complaint filed under Section 193 IPC are quashed. (!) * The decision has no bearing on the main criminal case pending against the appellant, which will proceed on its own merits. (!)


JUDGMENT :

(Sanjay Karol, J.) :

Leave Granted.

2. Impugned in the present appeal is the final order dated 1st October 2022, passed by the High Court of Uttarakhand at Nainital in Bail Cancellation Application No.24/2022, whereby, although the said application was dismissed, it was observed that James Kunjwal, the present appellant had intentionally filed a false affidavit before the High Court and as such, a direction was issued to the Registrar (Judl.) of the High Court to file a complaint against him. This, in a nutshell, forms the basis for this appeal.

3. It would be necessary to appreciate the background in which the impugned order came to be passed. Briefly stated, the facts are :-

    3.1 The appellant was made an accused in FIR No.109 of 2021 dated 2nd May, 2021 under Sections 376 & 504 of the Indian Penal Code, (45 of 1860)1[IPC’ hereinafter], by the second respondent ‘X’2[Complainant], on the ground that the appellant had established relations with her on the false pretext of marriage, and the same continued after efforts towards marriage by the complainant repeatedly fell through.

    3.2 In reference to the said FIR, the appellant applied for bail, before the learned Additional Di

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