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Ashok Kumar Aggarwal vs. Sushil Dewan & Ors.

Criminal Appeal · 2026:DHC:8774Decided 6 Oct 2026New Delhi Bench
CRL.A. 289/2026CNR: DLHC010116752026
Justice Madhu Jain

Background

A retired IRS officer, earlier discharged in a corruption case after his prosecution sanction was found invalid, applied for return of documents seized during investigation. The CBI's reply opposed the return, falsely claiming that "correspondence with the administrative Ministry" about challenging his discharge was already "underway": when in fact no such correspondence existed until days later, after the officer caught the discrepancy and complained.

Decision Breakdown

A Special Judge had first found a prima facie case of false statement, but on reconsideration dismissed the officer's application, reasoning the inaccuracy was an innocent wording issue that caused no real harm. The High Court disagreed, holding that draft records and file-notings showed the CBI officers knew the true position when the false statement was filed, and that under Section 340 CrPC the test is the impact on the administration of justice, not harm to one litigant. It directed the Special Judge to lodge a formal criminal complaint against the CBI inspector and five other officers for offences under Sections 191/193 and 209 IPC (false statement/false claim in judicial proceedings).

Lesson Learnt

Government agencies and their officers can themselves be prosecuted for making knowingly false statements to a court: official status doesn't exempt anyone from the law against lying in judicial proceedings.

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