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Criminal LawSupreme Court of India

Aarish Asgar Qureshi v. Fareed Ahmed Qureshi & Anr.

Criminal Appeal · 2019 INSC 270Decided 26 Feb 2019
Criminal Appeal No. 387 of 2019
Justice Rohinton Fali Nariman · Justice Vineet Saran

Background

In a matrimonial dispute, the appellant had made certain allegations (about his wife's conduct) in anticipatory bail applications filed before both the Sessions Court and the Bombay High Court. The Sessions Court held it was premature to decide whether these statements were false since evidence had not yet been led. However, the High Court, relying on a preliminary police investigation report filed just two days after the FIR, concluded a prima facie case of perjury was made out and ordered the appellant's prosecution under Section 340 CrPC.

Decision Breakdown

The Supreme Court held that initiating perjury proceedings requires a deliberate, conscious false statement tested against genuinely unimpeachable evidence, and a preliminary investigation report filed only two days after the FIR, before any real investigation had occurred, could not qualify as such unimpeachable evidence. The Court also found that the High Court's own order granting anticipatory bail had actually been based on different reasons, not on a finding that the appellant's statements were false. Since no reliable evidence of deliberate falsehood existed, the threshold for prosecuting perjury was not met, and the High Court's order was set aside.

Lesson Learnt

Courts should not order perjury prosecutions lightly or based merely on contradictory statements or preliminary police reports: there must be clear, unimpeachable proof of a deliberate false statement on a material point before a person can be put through a perjury trial.

Aarish Asgar Qureshi v. Fareed Ahmed Qureshi & Anr. – Legal Case Shots | LegalAware