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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. final order dismissing the interim applications. (Para 1 , 15 , 16) |
| 2. false affidavit allegations in legal proceedings. (Para 2 , 3) |
| 3. parties' contentions on need for section 340 action. (Para 4 , 6 , 7) |
| 4. court's cautious approach to perjury allegations. (Para 5 , 9 , 10 , 11 , 14) |
| 5. legal standards for initiating perjury proceedings. (Para 8 , 12 , 13) |
JUDGMENT :
1. Both the IAs are disposed of by following common order.
3. I.A.No.882 of 2025: Present petition is filed by opposite party No.2 directing the petitioner to produce the document and such order with regard to amalgamation of the partnership firm in question with the company, namely, Lumex Resources Pvt. Ltd. for the reason stated.
4. 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.
6. In course of hearing, both sides cited case laws in favour of and against the contentions advanced with the plea of the petitioner that no action under Section 340 Cr.P.C. is needed in the peculiar facts and circumstances of the case and that of opposite party N
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....
Action under Section 340 Cr.P.C. requires clear evidence of deliberate falsehood impacting justice, and mere repetition of allegations is insufficient for prosecution.
Judicial discretion under Section 340 of the CrPC requires significant evidence of falsehood and must not serve personal grievances, but rather ensure expedience in justice.
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....
Filing a false affidavit is a serious offense and can lead to legal consequences under the Indian Penal Code and the Contempt of Courts Act.
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.
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