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Penal code, 1860

JAMES KUNJWAL versus STATE OF UTTARAKHAND & ANR.

The High Court's direction to the Registrar to file a complaint under Section 193 IPC against the appellant was set aside because the affidavit amounted to a denial simpliciter of the complainant's averments, there was no prima facie evidence of deliberate falsehood on a matter of substance or malafide intention, and the exceptional and expedient circumstances required to initiate prosecution under Sections 191/193 IPC and Section 195(1)(b) CrPC were not satisfied; therefore initiating prosecution would be unjust.

Source excerpt

  • Perjury
  • False evidence
  • False affidavit
  • False statement
  • Section 191 ipc
  • Section 193 ipc
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Education law

SARVEPALLI RADHAKRISHNAN UNIVERSITY & ANOTHER versus UNION OF INDIA & OTHERS

On the findings of the inquiry committee, the College was guilty of making false statements on the basis of fabricated and manipulated documents, committing fraud and perjury; Dean liable for prosecution under Section 193 IPC and the College liable for penalty and bar on admissions.

Source excerpt

  • False evidence
  • Perjury
  • Medical college permissions
  • Admission standards
  • Fraud on court
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Criminal law

CENTRAL BUREAU OF INVESTIGATION versus M. SIVAMANI

The bar under Section 195 CrPC is not intended to prevent prosecutions initiated in public interest by direction of the High Court, which is equivalent to a complaint by an administrative superior public servant; hence, the High Court's direction to investigate and prosecute is sufficient to bypass the bar, and cognizance can be taken.

Source excerpt

  • Bar on cognizance under section 195 crpc
  • False evidence
  • Insurance fraud
  • Procedure for prosecution
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Criminal procedure

AMARSANG NATHAJI AS HIMSELF AND AS KARTA AND MANAGER versus HARDIK HARSHADBHAI PATEL AND OTHERS

The High Court did not follow all statutory requirements and judicially settled procedure under Section 340 CrPC before directing the Registrar to file a complaint for perjury, especially regarding forming an opinion on expediency in the interests of justice. Therefore, the order initiating proceedings is liable to be set aside.

Source excerpt

  • Perjury
  • False evidence
  • Process abuse
  • Administration of justice
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Criminal law

PERUMAL versus JANAKI

The Magistrate was correct in dismissing the private complaint as non-maintainable under Section 195 Cr.P.C., since only a court or authorized officer may file such a complaint; however, the High Court, as a constitutional court with superintendence powers, can and should consider the appellant's allegations and act accordingly under Section 195 and Article 227.

Source excerpt

  • Maintainability of private complaint
  • False evidence
  • Jurisdiction under sections 195 and 340 cr.p.c.
  • High court's powers under article 227
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Criminal law

RAM DHAN versus STATE OF U.P. AND ANR.

Petitioner suppressed material facts by not disclosing prior unsuccessful proceeding under Section 482 Cr.P.C.; this alone justifies dismissal. Filing of successive petitions amounts to abuse of process. Offences under Sections 177 and 182 IPC are outside court, so Sections 195 and 340 Cr.P.C. do not apply. No cogent reason for Supreme Court interference.

Source excerpt

  • Successive petitions
  • Suppression of material facts
  • Section 195 cr.p.c.
  • Section 340 cr.p.c.
  • False information
  • False evidence
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Criminal law

IQBAL SINGH NARANG & ORS. versus VEERAN NARANG

Though the Rent Controller discharges quasi-judicial functions, he is not a court for the purposes of Section 195(1) Cr.P.C. Therefore, a private complaint regarding false evidence is maintainable, and proceedings against the appellants cannot be quashed.

Source excerpt

  • False evidence
  • Private complaint
  • Powers of rent controller
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Criminal law

MAHILA VINOD KUMARI versus STATE OF MADHYA PRADESH

The trial court and high court correctly applied Section 344 CrPC to punish the petitioner for perjury after she admitted to fabricating evidence, satisfying all statutory conditions for summary trial; there was no infirmity warranting interference.

Source excerpt

  • Perjury
  • Fabrication of evidence
  • Rape offence
  • False evidence
  • Summary trial
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Criminal law

CENTRAL BUREAU OF INVESTIGATION versus K.M. SHARAN

On careful scrutiny and analysis of the allegations in the FIR and charge-sheet, the ingredients of Section 120B and 193 IPC are clearly made out setting out a cognizable offence justifying registration and investigation. The High Court was not justified in quashing the FIR/charge-sheet under Section 482 CrPC as it would stifle legitimate prosecution. The respondent's case does not fall within categories justifying quashing proceedings as laid down in Bhajan Lal's case.

Source excerpt

  • Quashing of fir/charge-sheet
  • Inherent powers of high court under s.482 crpc
  • Criminal conspiracy
  • False evidence
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Penal code, 1860

MISHRILAL AND ORS. versus STATE OF M.P. AND ORS.

The evidence of PW1 to PW3, taken together with the medical/post-mortem evidence, satisfactorily proved that the appellants committed the offence; the procedural impropriety of recalling PW2 to repudiate his earlier sworn evidence did not vitiate the prosecution case; therefore the convictions under Section 302 read with Section 149 IPC and under Section 148 IPC are upheld and the appeal is dismissed.

Source excerpt

  • Murder
  • Recall of witness
  • False evidence
  • Witness identification
  • Post-mortem evidence
  • Common intention (section 149)
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.