Supreme Court of India
James Kunjwal v. State of Uttarakhand & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that, in the present facts, a denial simpliciter cannot meet the threshold, as described in the judgments above, particularly when no malafide intention/deliberate attempt can be understood from the statement made by the appellant in the affidavit.
Judgment, page 12
From the headnote
Issue for Consideration The Single Judge of the High Court observed that the appellant had intentionally filed a false affidavit and therefore a direction was issued to the Registrar (Judicial) of the High Court to file a complaint against him. The question that falls for consideration is whether the contents of the affidavit filed before the High Court, constitutes an offence under Section 193 IPC, as defined in Section 191 IPC. Headnotes† Penal Code, 1860 – ss.191, 193 – Code of Criminal Procedure, 1973 – s.195(1)(b) – Allegation of filing a false affidavit – Appellant was made accused in
Authorities it was built on
- 2005 Iqbal Singh Marwah v. Meenakshi Etc.
- 2010 R.S. Sujatha v. State of Karnataka and Ors.
- 2019 Sh. Narendra Kumar Srivastava v. The State of Bihar & Ors.
- 2019 Aarish Asgar Qureshi v. Fareed Ahmed Qureshi & Anr.
- 1978 S. P. Kohli, Civil Surgeon, Ferozepur v. High Court of Punjab & Hary Ana
- 2022 Himanshu Kumar and Others v. State of Chhattisgarh and Others
- 1971 Chajoo Ram v. Radhey Shyam & Anr.
- 2021 Bhima Razu Prasad v. State, Rep. by Deputy Superintendent of Police, Cbi/spe/acu-ii
Where later benches applied it
Of those, 1 mentioned
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