CHAJOO RAM versus RADHEY SHYAM & ANR.

CHAJOO RAM versus RADHEY SHYAM & ANR.

Filing of a sworn affidavit does not constitute appearing as a witness before the court; therefore s. 479-A Cr. P. C. is inapplicable, and proceedings under s. 476 Cr. P. C. are not barred. Furthermore, the material on record was insufficient, and it was not expedient in the interests of justice to prosecute the appellant for perjury.

Parties
Appellant: Chajoo Ram; Respondent No. 1: Radhey Shyam; Respondent No. 2: O. P. Rana
Jurisdiction
India
Judgment Date
23 March 1971
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Division Bench Judgment Affirming Single Judge Order
Outcome
Appeal allowed
Legal Topics
Perjury, False Affidavit, Code of Criminal Procedure, Prosecution Under Cr PC Section 476, Application of Cr PC Section 479 a
Criminal Law Procedure Perjury False Affidavit Code of Criminal Procedure Prosecution Under Cr PC Section 476 Application of Cr PC Section 479 a

Case Brief

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Parties

Chajoo Ram

Appellant

Radhey Shyam

Respondent No. 1

O. P. Rana

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Division Bench Judgment Affirming Single Judge Order

Legal Issues

  1. 1 Whether filing a false affidavit is prosecutable under s. 476 Cr. P. C. when s. 479-A may apply
  2. 2 Whether the appellant could be considered to have appeared as a witness by filing an affidavit
  3. 3 Whether material was sufficient to justify expediency of prosecution for perjury

Ratio Decidendi

Filing of a sworn affidavit does not constitute appearing as a witness before the court; therefore s. 479-A Cr. P. C. is inapplicable, and proceedings under s. 476 Cr. P. C. are not barred. Furthermore, the material on record was insufficient, and it was not expedient in the interests of justice to prosecute the appellant for perjury.

Court Disposition

Appeal allowed

Orders

  • Order directing complaint to be filed against appellant set aside