As per case facts, the respondents (plaintiffs) obtained a temporary injunction which the appellant (defendant) allegedly breached. An application was filed under Order XXXIX Rule 2A CPC, leading to a ...
2026 INSC 724 Criminal Appeal No.1365 of 2015 Page 1 of 18
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1365 OF 2015
PRABHAKAR YESHWANT MASRAM APPELLANTS
AND ANOTHER
VERSUS
SOU TULA NAMDEORAO JAIPURKAR RESPONDENT S
AND ANOTHER
J U D G M E N T
ATUL S. CHANDURKAR, J
1. The short issue that arises for consideration in this Criminal
Appeal is whether on the basis of a prima facie satisfaction that
‘wrong statements’ were made by a party in his pleadings that were
prepared by his counsel, power under Section 340 of the Code of
Criminal Procedure, 1973
1 could have been exercised for directing
filing of a complaint against both of them for the offence
punishable under Sections 193, 199 and 200 of the Indian Penal
Code, 1860
2?
2. The facts in issue lie in a narrow compass. The first and
1
For short, ‘the Cr.P.C’
2
For short, ‘the Penal Code’
Criminal Appeal No.1365 of 2015 Page 2 of 18
second respondent
3 filed a civil suit against the predecessors-in-
title
4 of the first appellant seeking to restrain them from causing
any obstruction to the enjoyment of their property, amongst other
reliefs. An application for temporary injunction during pendency
of the suit having been moved, the trial Court by its order dated
03.04.2001 restrained the defendants from causing any
obstruction to the plaintiffs’ occupation and also permitted the
plaintiffs to approach the water meter so as to effect any
replacement and repairs thereto. The defendants preferred a
miscellaneous appeal for challenging the order of temporary
injunction passed by the trial Court. In the meanwhile, the first
appellant
5 purchased the suit property from the original
defendants and on 16.01.2003 got himself impleaded as a
defendant in the said suit. During pendency of the said appeal, the
plaintiffs moved an application under provisions of Order XXXIX
Rule 2A of the Code of Civil Procedure, 1908
6 making a grievance
that the defendant had breached the order of temporary
injunction. They prayed for an order of attachment to be thus
passed. By an order dated 13.10.2003, the trial Court in exercise
3
For short, ‘the plaintiffs’
4
For short, ‘the defendants’
5
For short, ‘the defendant’
6
For short, ‘the CPC’
Criminal Appeal No.1365 of 2015 Page 3 of 18
of power under Order XXXIX Rule 2A of the CPC directed the
defendant to restore the earlier position at the suit site and also
issued a show cause notice to him as to why he should not be held
guilty of committing breach of the order of temporary injunction.
The defendant preferred a miscellaneous appeal and challenged
the aforesaid order. Along with the miscellaneous appeal, an
application for stay was also moved. On 17.01.2004, the appellate
Court stayed the effect and operation of the order dated
13.10.2003 passed by the trial Court.
3. According to the plaintiffs, the defendant had made incorrect
and false statements in the miscellaneous appeal as well as in the
application for stay that had been filed before the appellate Court.
In view of such statements, the order passed by the trial Court had
been stayed by the appellate Court. The plaintiffs, therefore, filed
a criminal contempt petition before the Nagpur Bench of the
Bombay High Court
7 against the defendant and his learned
counsel, the second appellant
8 herein. The learned Judge of the
appellate Court who had passed the order dated 17.01.2004 was
also impleaded as a respondent in the said contempt petition. The
High Court by its order dated 12.10.2004 observed that it did not
7
For short, ‘the High Court’
8
For short, ‘the learned counsel’
Criminal Appeal No.1365 of 2015 Page 4 of 18
intend to proceed with the contempt proceedings. It, however,
granted liberty to the plaintiffs to initiate proceedings under
Section 340 of the Cr.P.C. against the defendant and his learned
counsel. Thereafter, the plaintiffs moved an application before the
appellate Court under Section 340 of the Cr.P.C. stating therein
that the defendant and his counsel had deliberately and
consciously made false statements in the miscellaneous appeal as
well as the application for stay filed before the appellate Court. By
an order dated 19.01.2006, the appellate Court observed that a
prima facie case was made out that wrong statements had been
made by the defendant and his learned counsel in the
miscellaneous appeal and hence a case for directing filing of a
complaint for the offence punishable under Sections 193, 199 and
200 of the Penal Code had been made out. It, accordingly, directed
so. The appellants, being aggrieved, filed an appeal under Section
341 of the Cr.P.C. The High Court by the impugned judgment
dated 14.08.2012 declined to interfere with the said order and
dismissed the appeal. Being aggrieved, the appellants have
challenged the order directing initiation of criminal proceedings
against them.
4. Mr. Satyajit A. Desai, learned counsel for the appellants
submitted that the Court was not justified in directing filing of a
Criminal Appeal No.1365 of 2015 Page 5 of 18
complaint in exercise of power under Section 340 of the Cr.P.C.
According to him, unless there was a case of deliberate falsehood
with an intention to mislead or deceive the Court, such direction
could not have been issued. There were no false statements made
by the defendant in the miscellaneous appeal that had been
prepared by his learned counsel. There were in fact typographical
errors in the miscellaneous appeal and the application for stay,
which were sought to be rectified by filing an application for
correcting the same, much prior to filing of the application under
Section 340 of the Cr.P.C. In absence of there being any material
whatsoever to even prima facie hold that any false statement had
been made by the defendant, a drastic order of initiating criminal
proceedings ought not to have been passed. Moreover, the
defendant’s learned counsel had given an explanation that on
account of typographical errors that went unnoticed, the mistake
had crept in the pleadings. There was no justification whatsoever
to initiate criminal proceedings against the defendant’s learned
counsel. It was, thus, submitted that the Court erred in issuing
such direction which was maintained by the High Court without
proper examination of the material on record. He, therefore, prayed
that the impugned orders be set aside.
5. Despite service, the respondents have not chosen to oppose
Criminal Appeal No.1365 of 2015 Page 6 of 18
the appeal.
6. Having heard the learned counsel for the appellants and
having perused the relevant material on record, we are satisfied
that the Court merely on the basis of a prima facie finding that
‘wrong statements’ had been made by the defendant in the
memorandum of appeal and the stay application that were drafted
by his learned counsel erred in directing the lodging of a complaint
for the offence punishable under Sections 193, 199 and 200 of the
Penal Code, more so, in the absence of any consideration
whatsoever whether it was expedient in the interest of justice to
make such complaint.
7. As the plaintiffs invoked the provisions of Section 340 of the
Cr.P.C, the relevant portion of the said provision is reproduced
hereunder:
“340. Procedure in cases mentioned in section 195. —(1) When
upon an application made to it in this behalf or otherwise, any Court
is of opinion that it is expedient in the interests of justice that an
inquiry should be made into any offence referred to in clause (b) of
sub-section (1) of section 195, which appears to have been committed
in or in relation to a proceeding in that Court or, as the case may be,
in respect of a document produced or given in evidence in a
proceeding in that Court, such Court may, after such preliminary
inquiry, if any, as it thinks necessary,—
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before
such Magistrate, or if the alleged offence is non-bailable and the
Court thinks it necessary so to do, send the accused in custody
to such Magistrate; and
(e) bind over any person to appear and give evidence before such
Criminal Appeal No.1365 of 2015 Page 7 of 18
Magistrate.”
It is by now settled that while entertaining proceedings under
Section 340 of the Cr.P.C., it must be borne in mind that the
material produced before the Court ought to make out a prima
facie case for an inquiry to be made into an offence referred to in
Section 195(1)(b) of the Penal Code. Further, the Court has to also
consider whether it is expedient in the interest of justice that such
inquiry should be made into the alleged offence. Reference in this
regard can be usefully made to the decision of the Constitution
Bench in Iqbal Singh Marwah and another Vs. Meenakshi
Marwah and another
9. In paragraph 18 of the report, it has been
observed as under:
“18. In view of the language used in Section 340 Cr.P.C. the Court
is not bound to make a complaint regarding commission of an offence
referred to in Section 195(1)(b), as the Section is conditioned by the
words "Court is of opinion that it is expedient in the interest of
justice." This shows that such a course will be adopted only if the
interest of justice requires and not in every case. Before filing of the
complaint, the Court may hold a preliminary enquiry and record a
finding to the effect that it is expedient in the interests of justice that
enquiry should be made into any of the offences referred to in Section
195(i)(b). This expediency will normally be judged by the Court by
weighing not the magnitude of injury suffered by the person affected
by such forgery or forged document, but having regard to the effect
or impact, such commission of offence has upon administration of
justice. It is possible that such forged document or forgery may cause
a very serious or substantial injury to a person in the sense that it
may deprive him of a very valuable property or status or the like, but
such document may be just a piece of evidence produced or given in
evidence in Court, where voluminous evidence may have been
adduced and the effect of such piece of evidence on the broad concept
of administration of justice may be minimal. In such circumstances,
9
2005 INSC 129
Criminal Appeal No.1365 of 2015 Page 8 of 18
the Court may not consider it expedient in the interest of justice to
make a complaint……..”
8. The genesis of initiation of proceedings under Section 340 of
the Cr.P.C. was the statements made in the memorandum of
appeal preferred by the defendant for challenging the order dated
13.10.2003 passed by the trial Court under Order XXXIX Rule 2A
of the CPC. The relevant portion of the memorandum of appeal is
reproduced herein:
“2. The plaintiff thereafter preferred Civil Revision Application no.
967/2001 before the Hon'ble High Court and some time on
09.09.2002 has withdrawn the revision and in its place filed Writ
Petition No. 77/2003, which has been dismissed by the Hon'ble High
Court on 17.02.2003 against which the plaintiff filed Misc. Civil
Application No. 161/2003 for review of the said order and is pending
before the Hon'ble High Court.”
[the offending word has been underlined]
According to the plaintiffs, the proceedings had been
‘disposed of’ by the High Court and not ‘dismissed’.
Similarly, in the application for stay preferred by the
defendant, a grievance was raised by the plaintiffs with regard to
the statements in paragraphs 3 and 4 thereof. The same read as
under:
“3. It is submitted that the defendant no. 7 was not party to the
suit bearing no. 21/2001. Originally the defendant No. 7 was owner
of ground floor Block No. G-3 and along with defendant no. 1, five
other persons were named as defendant, the matter was heard and
in the appeal the appellate court has passed order on 28.08.2003
thereby setting aside the order of the trial Court and substituted the
order that permanent structure shall be erected and plaintiff, his
agent be allowed to operate the water meter as and when necessary.
[word ‘no’ was stated to be omitted
Criminal Appeal No.1365 of 2015 Page 9 of 18
between the words ‘that’ and
‘permanent’]
4. Against this order, revision was filed before the Hon'ble High
Court which came to be withdrawn by the plaintiff. Then the writ
petition was filed, which was dismissed by the Hon'ble High Court. It
was a dispute in relation to the grill and temporary shed in front of
ground floor block no. G-3 and in respect' of the operating of water
meter by the plaintiff. The observation of the appellate Court in the
Judgment is self explanatory and sufficient as to the rights of the
parties to the suit.”
[the offending word has been underlined]
According to the plaintiffs, the proceedings had been
‘disposed of’ and not ‘dismissed’.
9. The Court while dealing with the application filed under
Section 340 of the Cr.P.C. considered the said pleadings and
concluded in paragraph 6 as under:
“6. From the above facts it appears that there is prima facie case
that wrong statements were made by the appellant and his counsel
in M.C.A. No. 28/2004 and therefore, there is prima facie case for
lodging the complaint against the appellant and his counsel
xxxxxxxxxx. From the material on record it appears that prima facie
there is made out the commission of the offence punishable under
section 193, 199 and 200 of I.P.C. but there is no case made out
showing commission of the office punishable under section 120-B of
I.P.C. Therefore, I proceed to pass the following order.
Order
The application is partly allowed.
The complaint for the offence punishable under section 193,
199 and 200 of I.P.C. be lodged before the Chief Judicial Magistrate,
Nagpur against the appellant in M.C.A. No. 28/2004 and his counsel
xxxxxxxxxxx.”
(emphasis supplied)
10. A reading of the aforesaid observations clearly indicates that
the Court was prima facie satisfied that ‘wrong statements’ had
Criminal Appeal No.1365 of 2015 Page 10 of 18
been made by the defendant and his learned counsel in the
miscellaneous appeal and, hence, a prima facie case for lodging a
complaint had been made out. It would, thus, be necessary to
examine whether a prima facie case of commission of offence
punishable under Sections 193, 199 and 200 of the Penal Code
had been made out. Section 191 of the Penal Code relates to giving
false evidence and the said Section reads as under:
“191. Giving false evidence.—
Whoever, being legally bound by an oath or by an express provision
of law to state the truth, or being bound by law to make a declaration
upon any subject, makes any statement which is false, and which he
either knows or believes to be false or does not believe to be true, is
said to give false evidence.
Explanation 1.—A statement is within the meaning of this section,
whether it is made verbally or otherwise.
Explanation 2.— A false statement as to the belief of the person
attesting is within the meaning of this section, and a person may be
guilty of giving false evidence by stating that he believes a thing which
he does not believe, as well as by stating that he knows a thing which
he does not know.”
Sections 193, 199 and 200 of the Penal Code read as under:
“193. Punishment for false evidence.—
Whoever intentionally gives false evidence in any stage of a judicial
proceeding, or fabricates false evidence for the purpose of being used
in any stage of a judicial proceeding, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine,
and whoever intentionally gives or fabricates false evidence in any
other case, shall be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable
to fine.
Explanation 1.—A trial before a Court-martial is a judicial
proceeding.
Criminal Appeal No.1365 of 2015 Page 11 of 18
Explanation 2.—An investigation directed by law preliminary to a
proceeding before a Court of Justice, is a stage of a judicial
proceeding, though that investigation may not take place before a
Court of Justice.
199. False statement made in declaration which is by law
receivable as evidence.—
Whoever, in any declaration made or subscribed by him, which
declaration any Court of Justice, or any public servant or other
person, is bound or authorised by law to receive as evidence of any
fact, makes any statement which is false, and which he either knows
or believes to be false or does not believe to be true, touching any
point material to the object for which the declaration is made or used,
shall be punished in the same manner as if he gave false evidence.
200. Using as true such declaration knowing it to be false.—
Whoever corruptly uses or attempts to use as true any such
declaration, knowing the same to be false in any material point, shall
be punished in the same manner as if he gave false evidence.
Explanation.— A declaration which is inadmissible merely upon the
ground of some informality, is a declaration within the meaning of
sections 199 to 200.”
11. From the aforesaid provisions, it becomes clear that what is
punishable is the giving of ‘false evidence’ under Section 193 or
making of a ‘false statement’ under Section 199. What is thus
required at the stage of directing initiation of proceedings for an
offence punishable under the said provisions is a prima facie case
of having given ‘false evidence’ or making a ‘false statement’ in a
declaration which by law is receivable as evidence. As noted above,
the Court for the purposes of directing the filing of a complaint
recorded its prima facie satisfaction that ‘wrong statements’ had
been made in the memorandum of appeal and the application for
stay preferred by the defendant that was filed through his learned
Criminal Appeal No.1365 of 2015 Page 12 of 18
counsel. The order dated 19.01.2006 directing lodging of a
complaint does not record any prima facie satisfaction that ‘false
statement’ had been made in the aforesaid proceedings. There is a
material difference between making a ‘wrong statement’ and ‘false
statement’ in the context of Sections 199 and 200 of the Penal
Code. A ‘wrong statement’ of fact may not always have the
character of a ‘false statement’. While making of a ‘wrong
statement’ may not fall within the ambit of Sections 199 and 200
of the Penal Code, a ‘false statement’ would qualify as relevant
material for being considered as an offence under the said
provisions. The threshold for initiating action for an offence
punishable under Sections 199 and 200 of the Penal Code is the
making of a ‘false statement’ and not the making of a ‘wrong
statement’. It is so because a ‘false statement’ denotes a deliberate
intention in making such statement; in other words, it is a
wrongful or erroneous statement made intentionally to gain an
undue advantage. Thus, the basic premise on which the Court
proceeded to direct a complaint to be filed is erroneous and it does
not satisfy the necessary threshold. It is, therefore, clear that no
prima facie satisfaction was recorded by the Court that ‘false
statements’ were made by the defendant and his learned counsel
in the memorandum of appeal and in the application for stay,
Criminal Appeal No.1365 of 2015 Page 13 of 18
warranting initiation of proceedings for the offence punishable
under Sections 193, 199 and 200 of the Penal Code.
12. It is also pertinent to note that the Court failed to record its
satisfaction that it was expedient in the interest of justice that an
inquiry should be made into the alleged offence in view of such
statements. Without recording any satisfaction that it was indeed
expedient in the interest of justice to hold an enquiry, such a
direction was issued. Section 340 (1) of the Cr.P.C. mandates that
a Court before directing an inquiry to be made into any offence
referred to in Section 195 (1) (b) of the Penal Code, it should form
an opinion that it is expedient in the interests of justice that such
inquiry is in fact necessary. This would indicate that on the mere
making of a ‘wrong statement’, an inquiry cannot be ordered. The
forming of an opinion by the Court that holding of an inquiry is in
fact expedient in the interests of justice is also a must. Ordering
an inquiry without formation of any opinion as required by Section
340 (1) of the Cr.P.C. would render the order bad in law being not
in accordance with the mandate of Section 340 (1). We may in this
regard refer to the observations of this Court in Santokh Singh
Vs. Izhar Hussain and another
10
as under :
10
1973 INSC 96
Criminal Appeal No.1365 of 2015 Page 14 of 18
“…Every incorrect or false statement does not make it incumbent on
the court to order prosecution. The court has to exercise judicial
discretion in the light of all the relevant circumstances when it
determines the question of expediency. The court orders prosecution
in the larger interest of the administration of justice and not to gratify
feelings of personal revenge or vindictiveness or to serve the ends of
a private party. Too frequent prosecutions for such offences tend to
defeat its very object. It is only in glaring cases of deliberate falsehood
where conviction is highly likely, that the court should direct
prosecution…”
Thus, on both counts the Court fell into error in directing
initiation of criminal proceedings.
13. The High Court in the appeal preferred by the appellants
challenging the order directing initiation of criminal proceedings
proceeded to record its satisfaction that the appellants had filed a
false affidavit in support of the application for stay. Such prima
facie finding not having been recorded by the court of first
instance, the High Court in the appeal preferred by the appellants
challenging that order could not have recorded such finding,
especially when the plaintiffs had not challenged the said order.
The appellants could not have been placed in a worse position by
preferring an appeal. The court of first instance having prima facie
found that it was a case of making ‘wrong statements’, the High
Court went on to record a finding that the appellants had in fact
filed a false affidavit. Further, the High Court also recorded a
finding as to the expediency of filing a complaint in the interests of
justice. This finding was absent in the original order. The High
Criminal Appeal No.1365 of 2015 Page 15 of 18
Court has, thus, proceeded to improve the impugned order in an
appeal preferred by the appellants, who were in fact aggrieved by
the same. Such course is not permissible in law.
14. We may also note that the application under Section 340 of
the Cr.P.C. came to be filed by the plaintiffs on 27.04.2005. Much
prior thereto, on 20.09.2004 the defendant through his learned
counsel moved an application seeking correction of the typing
mistakes in the memorandum of appeal as well as the application
for stay. The relevant portion of the said application reads as
under:
“APPLICATION FOR CORRECTION OF TYPING
MISTAKES IN THE MEMO OF APPEAL AND
STAY APPLICATION UNDER ORDER 6 RULE
17 OF C.P.C. READ WITH SECTION 151 OF
THE CODE OF CIVIL PROCEDURE.
The applicant/Appellant most humbly submits as under :-
1. That, this Miscellaneous Civil Appeal No. 28/2004 and Stay
Application was dictated by the Counsel for the Appellant to his part
time Steno-Typist. In the Memo of Appeal, the order passed in M.C.A.
No. 210/2001 has been reproduced in which there is no typing error,
but while typing the application for Interim Relief, the Steno has
committed mistake, the word “not” has not been typed. The Part Time
Steno-Typist also committed error while typing in place of word
“disposed of”, the word typed are “dismissed”. After giving dictation,
the matter was typed and along with Appeal, stay application came
to be filed by the Junior Counsel. It is submitted that after the matter
was typed, it was mistake on the part of Counsel that prior to filing
by his Junior, he did not go through the contents of the typed matter
in Memo of Appeal and Stay Application. The Counsel admits his
mistake of not going through the typed matter by the Steno prior to
being filed by his Junior. However, the Counsel will take care in
future to check the matters typed by the Steno-Typist prior to the
matter being filed. He is hereby tendering his sincere apology for the
error which has occurred in the Memo of Appeal and Interim Relief
Application.
Criminal Appeal No.1365 of 2015 Page 16 of 18
2. It is submitted that the typing errors to be corrected are as
under :-
(i) In Para 2 of M.C.A. No. 28/2004, the word “dismissed” to be
corrected and substituted the word as “disposed of”.
(ii) In Para 3 of Stay Application, the word, “no” to be added after
the words substituted the order that and prior to the word permanent
structure.
(iii) In Para 4 of Stay Application, in place of “dismissed” the word
“disposed of” to be substituted.
3. It is submitted that the aforesaid typing errors are apparent on
the face of record, as the Certified copies of the orders which have
been referred in the Memo of Appeal and Stay Application, are already
on record of this M.C.A. No. 28/2004 with List Exh.10 and 11.”
15. Perusal of the said application clearly indicates that the
mistakes were typographical in nature and an explanation was
duly furnished for their occurrence. The gravity of a statement that
is false is definitely greater than that of a statement that is wrong.
Inadvertent errors or mistakes in a statement could be termed as
a ‘wrong statement’. However, a ‘false statement’ would imply
something more than a mere untruth as it carries with it an intent
to deceive coupled with knowledge, actual or constructive. This
perhaps explains the reason as to why the court of first instance
was of the view that ‘wrong statements’ had been made in the
memorandum of appeal and the application for stay instead of
holding them to be ‘false statements’. It, therefore, cannot be said
that the errors in the memorandum of appeal and the application
for stay were of such a grave nature that it amounted to making
‘false statements’ requiring initiation of proceedings under
Criminal Appeal No.1365 of 2015 Page 17 of 18
Sections 193, 199 and 200 of the Penal Code.
16. We are, thus, satisfied that no case, whatsoever, has been
made out to direct initiation of criminal proceedings against the
appellants. We are fortified in this conclusion by a recent decision
of a three Judge Bench in James Kunjwal Vs. State of
Uttarakhand and another
11 which observed as under:
“16. What we may conclude from a perusal of the above -noticed
judicial pronouncements is that:-
(i) The Court should be of the prima facie opinion that there
exists sufficient and reasonable ground to initiate proceedings
against the person who has allegedly made a false statement(s);
(ii) Such proceedings should be initiated when doing the same
is “expedient in the interests of justice to punish the delinquent”
and not merely because of inaccuracy in statements that may
be innocent/ immaterial;
(iii) There should be “deliberate falsehood on a matter of
substance”;
(iv) The Court should be satisfied that there is a
reasonable foundation for the charge, with distinct evidence and
not mere suspicion;
(v) Proceedings should be initiated in exceptional
circumstances, for instance, when a party has perjured
themselves to beneficial orders from the Court.”
17. Before parting, it may be noted that the Constitution Bench
in Iqbal Singh Marwah and another (supra) was of the view that a
direction for filing of a complaint normally ought not to be made
during the pendency of the substantive proceedings before the
Court but only when the proceedings conclude and the final
11
2024 INSC 601
Criminal Appeal No.1365 of 2015 Page 18 of 18
judgment is rendered. The object is clear inasmuch as the main
proceedings ought to be proceeded with and decided instead of
diverting them with the aid of Section 340 of the Cr.P.C. It is
noticed that at times, the aid of Section 340 of the Cr.P.C. is sought
to be taken merely to delay the adjudication of the substantive
proceedings, as also in the present case. The dictum of the
Constitution Bench, thus, ought to be borne in mind by the
Courts.
18. For all these reasons, the order dated 19.01.2006 passed by
the 7
th Additional District Judge, Nagpur below Exhibit 24 in
M.C.A. No.28 of 2004 as well as the judgment dated 14.08.2012
passed in Criminal Appeal No.125 of 2006 by the learned Single
Judge of the High Court is quashed and set aside. The application
preferred by the plaintiffs under Section 340 of the Cr.P.C. stands
dismissed. The Criminal Appeal is, accordingly, allowed.
..………………………..J.
[ UJJAL BHUYAN ]
.…..………………………..J.
[ATUL S. CHANDURKAR]
NEW DELHI,
JULY 21, 2026.
In a significant ruling, the Supreme Court of India recently clarified the stringent conditions for initiating Section 340 Cr.P.C. proceedings, particularly concerning allegations of false evidence prosecution. This judgment, Prabhakar Yeshwant Masram and Another vs. Sou Tula Namdeorao Jaipurkar and Another (Criminal Appeal No. 1365 of 2015, 2026 INSC 724), now available on CaseOn, serves as a crucial guide for distinguishing between mere inaccuracies and deliberate falsehoods in judicial pleadings.
The core issue before the Supreme Court was whether a preliminary satisfaction of "wrong statements" made by a party and their counsel in pleadings is sufficient to direct the filing of a criminal complaint under Section 340 of the Code of Criminal Procedure, 1973 (Cr.P.C.), for offences punishable under Sections 193, 199, and 200 of the Indian Penal Code, 1860 (IPC).
The Court delved into the requirements of Section 340 Cr.P.C., which outlines the procedure for initiating inquiries and complaints for certain offences related to the administration of justice. Specifically, it applies to offences referred to in Section 195(1)(b) Cr.P.C., including those under Sections 193, 199, and 200 IPC.
The case originated from a civil dispute where the defendant (first appellant) was accused of making "incorrect and false statements" in his appeal and stay application. The appellate court initially found a prima facie case of "wrong statements" and directed a complaint under Section 340 Cr.P.C. The High Court upheld this, adding a finding of a "false affidavit" and "expediency in the interests of justice," which were not part of the initial order.
The Supreme Court meticulously analyzed these findings, drawing a critical distinction:
For legal professionals analyzing such rulings, CaseOn.in offers invaluable assistance. Our 2-minute audio briefs provide concise, yet comprehensive, summaries of complex judgments like this, helping lawyers and students quickly grasp the nuances of the Court's reasoning and the practical implications for their practice.
The Supreme Court reiterated the principle from Iqbal Singh Marwah and Santokh Singh that such proceedings are not meant to gratify personal revenge but to uphold the administration of justice in "glaring cases of deliberate falsehood." The James Kunjwal case further underscored that "deliberate falsehood on a matter of substance" and "exceptional circumstances" are necessary conditions.
Finally, the Court noted that directing Section 340 Cr.P.C. proceedings during the pendency of substantive litigation often serves to delay the main adjudication, a practice discouraged by precedents like Iqbal Singh Marwah.
For all the reasons outlined, the Supreme Court quashed and set aside both the appellate court's order directing the criminal complaint and the High Court's judgment affirming it. The application under Section 340 Cr.P.C. was dismissed, and the Criminal Appeal was accordingly allowed.
This judgment is a cornerstone for understanding the careful balance between preventing perjury and protecting individuals from frivolous prosecutions. It clearly articulates:
It reinforces that the power under Section 340 Cr.P.C. is a potent tool to be wielded with judicial discretion and restraint, ensuring it serves the broader interests of justice rather than becoming an instrument of harassment or delay.
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers are advised to consult with a qualified legal professional for advice pertaining to their specific circumstances. CaseOn and the author are not responsible for any actions taken based on the information contained herein.
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