AARISH ASGAR QURESHI versus FAREED AHMED QURESHI & ANR.

AARISH ASGAR QURESHI versus FAREED AHMED QURESHI & ANR.

Since the alleged false statements were not tested against unimpeachable evidence nor was any evidence led or scrutinised, and the material relied upon (preliminary investigation report) cannot be regarded as unimpeachable evidence, prosecution under Section 340 Cr.P.C. was premature and not justified.

Parties
Appellant: Aarish Asgar Qureshi; Respondent: Fareed Ahmed Qureshi; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
26 February 2019
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Under Section 340 Cr.p.c.
Outcome
Appeal allowed
Legal Topics
Perjury, Anticipatory Bail, Section 340 Cr.p.c., Matrimonial Proceedings
Criminal Law Perjury Anticipatory Bail Section 340 Cr.p.c. Matrimonial Proceedings

Case Brief

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Parties

Aarish Asgar Qureshi

Appellant

Fareed Ahmed Qureshi

Respondent

Respondent No. 2

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Under Section 340 Cr.p.c.

Legal Issues

  1. 1 Whether proceedings for perjury under Section 340 Cr.P.C. were properly initiated based on statements in anticipatory bail applications.
  2. 2 Whether the statements alleged to be false were tested against unimpeachable evidence.

Ratio Decidendi

Since the alleged false statements were not tested against unimpeachable evidence nor was any evidence led or scrutinised, and the material relied upon (preliminary investigation report) cannot be regarded as unimpeachable evidence, prosecution under Section 340 Cr.P.C. was premature and not justified.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court initiating Section 340 Cr.P.C. proceedings is set aside.