Dr. Chandra Kant Pandey vs Dr. Raj Kumar Sharma. Dir., Sanjay ...
2013 Latest Caselaw 1132 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 340 CR.P.C. No. - 5 of 2013
 

 
Petitioner :- Dr. Chandra Kant Pandey
 
Respondent :- Dr. Raj Kumar Sharma. Dir., Sanjay Gandhi Post Graduate.,
 
Petitioner Counsel :- R.C Srivastava
 

 
Hon'ble Ajai Lamba,J.

1.  Para-7 of the application under Section 340 of the Code of Criminal Procedure Code for prosecuting the respondent for committing offence under Section 191 I.P.C. (giving false evidence) reads as under:

"7.  That against the true facts as pointed out in para 1 as also in Annexure 1 and 2 and para 6 above, the accused Dr. Raj Kumar Sharma has knowingly, deliberately and intentionally filed false counter affidavit (as contained in paras 4,13, and 26 thereof) in the aforesaid writ petition No.1762 (SB) of 2011 which is a judicial Proceeding and thereby he has committed OFFENCE AGAINST PUBLIC JUSTICE within four-corners of section 191 of Indian Penal Code, punishable with imprisonment up to 7 years under Section 193 thereof."

2.  The applicant is required to show to this court prima facie that false evidence has been given by the respondent in court proceedings.

3.  Such an assertion has been made on the strength of the allegation that the respondent intentionally filed false counter affidavit before a writ court.  The alleged false affidavit, however, has not been  placed on record.

4.  List on 29.4.2013 to enable the counsel for the petitioner to place the relevant documents on record to prima facie indicate commission of alleged offence.

Order Date :- 22.4.2013

A.Nigam