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2024 Supreme(Online)(SC) 7923

SUPREME COURT OF INDIA
JAMES KUNJWAL – Appellant
Versus
THE STATE OF UTTARAKHAND – Respondent


J U D G M E N T

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 by the second respondent ‘X’2 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 District and Sessions Judge, Nainita

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