ASHOK KUMAR AGGARWAL versus UNION OF INDIA & ORS.

ASHOK KUMAR AGGARWAL versus UNION OF INDIA & ORS.

There was no deliberate or conscious effort by respondent No.5 to misguide the court through his affidavit; any subsequent examination of witnesses was minimal and done to comply with superior officers' directions, not to mislead the court. Thus, prosecution for perjury was not justified, and the application under Section 340 read with Section 195(1)(b) CrPC was rightly dismissed by the High Court.

Parties
Appellant: Ashok Kumar Aggarwal; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
22 November 2013
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Order Dismissing Application Under Section 340 Cr PC
Outcome
Appeal dismissed
Legal Topics
Perjury, Code of Criminal Procedure, 1973, Section 340 Cr PC, Section 195(1)(b) Cr PC, Judicial Proceedings, Affidavit
Criminal Law Perjury Code of Criminal Procedure, 1973 Section 340 Cr PC Section 195(1)(b) Cr PC Judicial Proceedings Affidavit

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Parties

Ashok Kumar Aggarwal

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Order Dismissing Application Under Section 340 Cr PC

Legal Issues

  1. 1 Whether the High Court was justified in dismissing the application under Section 340 read with Section 195(1)(b) CrPC to proceed against respondent No.5 for alleged perjury in judicial proceedings

Ratio Decidendi

There was no deliberate or conscious effort by respondent No.5 to misguide the court through his affidavit; any subsequent examination of witnesses was minimal and done to comply with superior officers' directions, not to mislead the court. Thus, prosecution for perjury was not justified, and the application under Section 340 read with Section 195(1)(b) CrPC was rightly dismissed by the High Court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No interference with the High Court's judgment and order