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SUPREME COURT OF INDIA
Uday Umesh Lalit, Arun Mishra, JJ
Prof. Chintamani Malviya – Appellant
Versus
High Court of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual basis of election petition and service of notice. (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. court's standards for initiating perjury prosecution. (Para 9 , 12 , 13) |
| 3. conditions for liability under ipc regarding false statements. (Para 10 , 11) |
| 4. final decision on appeal. (Para 14) |
JUDGMENT
Uday Umesh Lalit, J.
Leave granted.
2. This appeal challenges the Judgment and Order dated 07.10.2015 passed by the High Court of Madhya Pradesh at Indore in M.CR.C No.2526 of 2015 whereby the High Court authorized the Principal Registrar of the High Court under Section 195(1)(b)(i) of Criminal Procedure Code (“Cr.P.C”, for short) to file complaint in the concerned court of Magistrate against the appellant herein.
3. The appellant was elected to Lok Sabha in the elections held in the year 2014 from Ujjain Lok Sabha Constituency. His election was challenged vide Election Petition No.33 of 2014 by one Premchand Guddu.
On 31.07.2014 notice was issued by the High Court in said election petition and the same was to be served upon the appellant through the District Judge, Ujjain. The next date in the petition being 01.09.2014, the notice was said to have been served upon the appellant on
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