Prosecution for perjury under Section 340 Cr.P.C. (or Section 379 BNSS) is not mandatory in every case of inaccuracy; it requires a finding that such action is expedient in the interest of justice, the falsehood is deliberate, and conviction is reasonably probable.

1. This appeal has been preferred under Section 380 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') against judgment and order dated 06.10.2025, passed by learned Judicial Magistrate, IIIrd Gorakhpur in Misc. Case No.3118 of 2023 (Ram Milan Vs. Shankrawati @ Suwarawati Devi), District- Gorakhpur, whereby the application filed by appellant under Section 340 / 195 Cr.P.C. (Section 379/ 215 BNSS) has been rejected.

2. The appeal is being decided finally at the stage of admission itself.

3. Heard learned counsel for the appellant and learned AGA for the State.

4. Learned counsel for the appellant submitted that impugned order is against facts and law and thus liable to be set aside. The appellant is husband of the respondent no.2. In the proceedings of case under Domestic Violence Act, the respondent no.2 has made false averments and filed a false affidavit. She has stated the date of marriage falsely and made false allegation that the appellant has assaulted the respondent no.2 and made demand of money. Learned counsel submitted that the averments of the respondent no.2 were apparently false and she has filed false evidence and thus a case of perjury was made out. It was submitted that learned trial Court has committed error by rejecting the application of appellant under Section 340 Cr.P.C. / Section 379 BNSS and thus the impugned order is liable to be set aside.

5. Learned AGA has opposed the appeal and submits that there is no illegality or perversity in the impugned order.

6. I have considered rival submissions and perused the record.

7. Before proceeding further, it would be apt to refer the provisions of the section - 340 Cr.P.C., which reads reads as under :-

"340. (1) When, upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195.

(3) A complaint made under this section shall be signed,-(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;(b) in any other case, by the presiding officer of the Court.

(4) In this section," Court" has the same meaning as in section 195."

8. A perusal of section 340 Cr.P.C. shows that these provisions are applicable in respect of such cases which are covered by section 195(1)(b) Cr.P.C.. Section