The court dismissed a perjury petition due to a lack of evidence supporting claims against the respondents, reaffirming that judicial findings based on original records cannot be overturned by subsequent uncorroborated submissions.

JUDGMENT :

1. We have heard learned counsel for the Petitioner who has moved this perjury petition praying that this Court holds an inquiry as per the provisions of Section 340 of the Code of Criminal Procedure, 1973 by recording a finding on the Map enclosed and marked as ‘Exhibit-F’ in Writ Petition No. 3055 of 2018, which came to be disposed of by judgment and order dated 31 July 2019. The petitioner has accordingly prayed that this Court appoint an Officer to file the complaint as per the provisions of Section 195 (1)(b) of the Code of Criminal Procedure, to lodge a complaint against the respondents before the Criminal Court, who are alleged to have committed offences under Sections 191 , 192, 193, 196, 199, 200, 209 read with Section 34 of Indian Penal Code. It is prayed that they be accordingly prosecuted and contempt proceedings be also initiated against them. The prayers made in this notice are required to be noted, which read thus:

“A] That this Hon’ble Court be pleased to hold an inquiry as provided under Section 340 of Cr.P.C. and to record finding about the Map enclosed and marked as ‘Exhibit-F’ with W.P. No. 3055 of 2018 whether it was available in the records of the SRA or not and whether during hearing on 31^st July 2018, the Respondent cum proposed contemnors willingly, knowingly hided that Map containing premises “88A” to be produced before this Hon’ble Court and after recording finding on this issue, this Hon’ble Court to file the Complaint under Section 195 (1) (b) of Cr.P.C., to lodge a Complaint against the Respondent cum proposed Contemnors for having committed offences under Section 191 , 192, 193, 196, 199, 200, 209 r/w Section 34 of IPC for persecuting the Respondent cum proposed Contemnors in accordance with law.

B] Cost of this Perjury Petition be provided for;

C] And for such further Orders as this Hon’ble Court may deem fit and proper to pass in the interest of justice in given facts and circumstances of the present case”.

2. At the outset, we may observe that the present notice is a gross abuse of the process of law, to say the least. It also appears that the applicant has intended to overreach the order passed by this Court not only in Writ Petition No. 3055 of 2018 which not only came to be dismissed by order dated 31 July 2019, but further also a Review Petition being dismissed and thereafter a Special Leave Petition filed against such orders being dismissed by the Supreme Court by an order dated 8^th January 2020 passed on Special Leave Petition (civil) Diary No. 40295 of 2019.

3. We note the necessary facts in regard to the petitioner having approached the Court in Writ Petition No. 3055 of 2018 assailing an eviction order dated 17 May 2018 passed by the Appellate Authority on an appeal filed under section 35(1A) of The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short, ‘the Slums Act’). Accordingly, on detailed reasons as set out in such order, the applicant/petitioner’s claim of being an occupant of the premises and more particularly of structure No. 88(A) was rejected.

4. On 17 July 2019, on the aforesaid writ petition the following order was passed by a co-ordinate Bench of this Court, calling for the original record.

“1. Despite service, none appear for respondent no.5 Society. The Chairman / Secretary of the Society to remain present on the adjourned date along with all the relevant documents pertaining to the scheme submitted to the Slum Rehabilitation Authority, including minutes of the meetings.

2. SRA also to produce its original records qua the subject matter of the present petition on the next date.

3. Stand over to 23rd Jul