AI Overview...
- False Affidavit - Main points and insights:
- Several cases highlight that giving a false affidavit before a court can be a ground for taking cognizance of an offence under Sections 193 and 195 IPC (e.g., Ram Kishore VS State of Rajasthan - Rajasthan, Ram Kishore VS State of Rajasthan - Rajasthan, In Re : State Of Himachal Pradesh VS . - Himachal Pradesh, Vanshika vs Gulshan Pawar - Madhya Pradesh, Ashok Narayan Prasad, S/o. Late Gyan Chandra Prasad VS State of Jharkhand - Jharkhand).
- The courts emphasize that cognizance is generally taken on the basis of the complaint or report, and not on formal evidence at that stage; however, false affidavits can taint the process and justify action (e.g., Chiranjib Biswal VS Bishnu Charan Das - Orissa, Anil Kumar Mishra VS State of Jharkhand - Jharkhand).
- The falsity of affidavits is considered significant enough to warrant quashing of cognizance orders if the affidavits are palpably false or if the order suffers from illegality or procedural infirmity (e.g., Ram Kishore VS State of Rajasthan - Rajasthan, Anil Kumar Mishra VS State of Jharkhand - Jharkhand, BHUPENDRA S PATEL vs NITABEN J PATEL - Gujarat).
- Courts caution against quashing FIRs solely on technical grounds like absence of affidavits, but recognize that false affidavits can be a serious issue impacting the validity of proceedings (e.g., Ashok Narayan Prasad, S/o. Late Gyan Chandra Prasad VS State of Jharkhand - Jharkhand, Sunil Rajkonwar VS Jibontara Ghatowar - Gauhati).
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The importance of proper jurisdictional proof and procedural adherence before taking cognizance is stressed, especially when affidavits are involved (e.g., BHUPENDRA S PATEL vs NITABEN J PATEL - Gujarat, Ashok Narayan Prasad, S/o. Late Gyan Chandra Prasad VS State of Jharkhand - Jharkhand).
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Analysis and Conclusion:
- The consistent judicial stance indicates that false affidavits before courts are a serious offence that can lead to the quashing of cognizance orders if proven palpably false or filed with malicious intent.
- While cognizance is generally a preliminary step not requiring extensive evidence, the presence of false affidavits undermines the integrity of the process, justifying judicial intervention.
- Courts tend to balance procedural correctness with the gravity of false affidavits, often quashing cognizance or FIRs when the affidavits are found to be deliberately false or filed in bad faith.
- Ultimately, false affidavits are viewed as a serious offence that can influence the course of criminal proceedings, and courts are vigilant to prevent abuse of the judicial process on this ground.
Search Results for "False Affidavit no Ground of Taking Cognizance"
2004 0 Supreme(Raj) 510 • India - Rajasthan
SUNIL KUMAR GARG
Issues: The main issue was whether the impugned order taking cognizance against the accused petitioners for the offence under ... The present Miscellaneous petition filed by the accused petitioners under Section 482 Cr.P.C. was allowed, and the impugned order taking ... cognizance against the accused petitioners for the offence under Section 193 I.P.C. was quashed and set aside. ... and she gave false affidavit before the Court. ... ... iv) It may be stated here that during the proce....
2004 0 Supreme(Raj) 513 • India - Rajasthan
SUNIL KUMAR GARG
complaint, the learned Magistrate himself took cognizance against the petitioner for offence u/Sec. 193 I.P.C. – Such an order of ... cognizance suffers from basic infirmity or illegality and is against the provisions of Sec. 340 and 195 Cr.P.C., cannot be sustained ... of conviction and the prosecution is necessary in the interest of justice and the statement alleged to be false must be intentional ... and she gave false affidavit before the Court. ... ... iv) It may be stated here that during the pro....
2018 0 Supreme(HP) 1545 • India - Himachal Pradesh
SANJAY KAROL, AJAY MOHAN GOEL
On 28.6.2016, learned Amicus Curiae, after viewing the CD, expressed shock with regard to the state of affairs existing at the ground level. Emphasizingly, he pointed out that the affidavit filed by the various functionaries were palpably false. ... . - On the basis of letter petition, on 25.5.2015, this Court taking suo motu cognizance issued notice. 2. ... In fact, on 25.3.2016, again taking cognizance of the newspaper reports i.e. "Dainik Bhaskar" and "Amar Ujala"....
2016 0 Supreme(Ori) 100 • India - Orissa
S.K.SAHOO
ground for conviction. ... Taking cognizance does not involve any formal action of any kind. ... Adequacy of the evidence will not be seen by the Court at the stage of taking cognizance. ... There is a distinction between ‘taking of cognizance’ and ‘issuance of process’. ... Adequacy of the evidence will not be seen by the Court at the stage of taking cognizance. ... Cognizance is taken of an offence and not of the....
2024 Supreme(Online)(MP) 2697 • India - High Court of Madhya Pradesh
SHRI JUSTICE VIJAY KUMAR SHUKLA, J
Cr.P.C . for taking cognizance for offence u/Ss.195, 340 Cr.P.C against the respondent No.1 and 2 for the offence punishable u/Ss.177, 191, 196, 199, 200 and 209 of IPC . 2. ... It is argued that along with the petition, the respondent No.1 Gulshan Kumar filed an affidavit stating that he is an adult and educated person and he is unmarried and it is his first marriage. On the basis of the aforesaid false affidavit, the present petition is filed. 3. ... Learned counsel for applicant submits that the pet....
2013 0 Supreme(Jhk) 724 • India - Jharkhand
PRASHANT KUMAR
Fact of the Case: The petitioner filed a writ application to quash an order taking cognizance against the petitioner ... Final Decision: The court allowed the application and quashed the impugned order taking cognizance against the petitioner. ... The court also emphasized the necessity for the Magistrate to apply judicial mind before taking cognizance based on a complaint filed ... In the instant case, learned C.J.M., Sahibganj took cognizance against the petition....
• India - Gujarat High Court
RAJESH H.SHUKLA, J
(A) Code of Criminal Procedure, 1973 - Sections 340 and 195 - False affidavit - Application for condonation of delay invited scrutiny ... ... ... Findings of Court: ... The court reinstates the requirement of proper jurisdictional proof before taking action under relevant ... sections, denying personal vendettas in familial disputes as grounds for criminal prosecution. ... The main contention which has been raised by Shri Bhupendra Patel, party-in-person that the false affidavit has....
2022 0 Supreme(Jhk) 840 • India - Jharkhand
SANJAY KUMAR DWIVEDI
It held that the F.I.R. should not be quashed solely on the ground of technicality. ... Issues: The issues revolved around the necessity of filing an affidavit before a petition under Section 156(3) of the Cr.P.C ... before a petition under Section 156(3) of the Cr.P.C., and emphasized the deterrence of false affidavits. ... Only on the ground of technicality that complaint is not supported with any affidavit, F.I.R. is not required to be quashed. ... This Court emph....
2010 0 Supreme(Bom) 141 • India - Bombay
P.R.BORKAR
Balbir Singh, 1996 (4) Bom CR 489 (SC), it is observed that for taking cognizance of an offence, the document, the foundation of ... forgery, if produced before the Court or given in evidence, the bar of taking cognizance under Section 195(1)(b)(ii) gets attracted ... and the criminal Court is prohibited from taking cognizance of offence unless a complaint in writing is filed as per the procedure ... In the case of Surjit Singh (Supra) it is observed that for taking #....
2013 0 Supreme(Gau) 335 • India - Gauhati
BROJENDRA PRASAD KATAKEY
means affidavit which does not contain any false information - Even if said affidavit contains any false information, same cannot ... be ground for rejection of nomination paper, as held by Apex Court in Peoples Union for Civil Liberties (supra) - Even assuming ... of improper acceptance of nomination paper and also on ground of non-compliance with provision of 1951 Act and orders made by Election ... , where cognizance has been taken by Court, has been furnished alon....
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