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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Sonia Tripathy – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. allegations of false affidavits and fraud. (Para 1 , 2) |
| 2. contentions on misrepresentation by parties. (Para 4 , 5) |
| 3. court's determination on action under section 340 cr.p.c. (Para 6 , 7) |
| 4. legal perspective on false evidence and implications. (Para 8 , 9 , 10) |
| 5. criteria for action under section 340 cr.p.c. (Para 11 , 12 , 13 , 14) |
| 6. analysis of allegations and requirement of evidence. (Para 15 , 16 , 17) |
| 7. conclusion and order regarding the ia. (Para 18 , 19 , 20) |
JUDGMENT :
1. Instant petition under Sections 340 Cr.P.C. read with Section 379 BNSS is at the behest of the informant, namely, opposite party No.2 for a direction to initiate action against the petitioner in terms thereof for having committed the offences punishable under Sections 193 , 195, 199 & 200 I.P.C. expedient in the interest of justice on the grounds stated.
3. Heard Mr. Kanungo, learned Senior Advocate along with Mr. Acharya, learned counsel appearing for the petitioner and Mr. Mishra, learned counsel for opposite party No.2 besides Ms. Dash, learned ASC for the State.
5. On the contrary, Mr. Kanungo, learned Senior Advocate and Mr. Acharya, learned counsel for the petitioner denied the claim
Action under Section 340 Cr.P.C. requires clear evidence of deliberate falsehood impacting justice, and mere repetition of allegations is insufficient for prosecution.
Merely repeating allegations from an FIR as a defense does not constitute false evidence under Section 340 Cr.P.C., and proceedings for perjury require clear and convincing evidence of intentional de....
A court cannot initiate proceedings under Section 340 of the Code of Criminal Procedure against a person for making a false statement in an affidavit if the person did not obtain any relief from the ....
The court ruled that initiating perjury proceedings under Section 340 Cr.P.C requires clear evidence of falsehood that impacts judicial proceedings, not mere inaccuracies.
The main legal point established in the judgment is that the procedure under Sections 195 and 340 of the Cr.P.C. for prosecuting the offense of alleged false evidence is mandatory, and not all contra....
Repeated filing of similar petitions on the same cause of action, which have already been dismissed, constitutes an abuse of the court process and may result in costs being imposed on the petitioner.
Prosecution for perjury under Section 340 Cr.P.C. requires prima facie evidence and expediency in the interest of justice, particularly when considering delays and motivations behind complaints.
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