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Shri Kailash Vijayvargiya v. Antar Singh Darbar & Ors.

Special Leave Petition (Civil) · Neutral citation not assigned (Special Leave Petition (Civil) Nos. 8232-8234 of 2016)Decided 12 Jan 2017
Special Leave Petition (Civil) Nos. 8232-8234 of 2016
Justice Kurian Joseph · Justice A.M. Khanwilkar

Background

In an election petition (E.P. No. 15/2014), a Single Judge of the High Court directed that a separate inquiry be registered under Section 340 of the Cr.P.C. over an allegedly forged affidavit and a mistaken description of a respondent, without the respondent having appeared before the notary. The appellant challenged this direction before the Supreme Court as unwarranted.

Decision Breakdown

The Supreme Court held that initiating a preliminary inquiry under Section 340 CrPC requires the court to form a definite satisfaction, having regard to the overall facts and likely consequences, that such an inquiry is expedient in the interests of justice, relying on its own recent ruling in Amarsang Nathaji vs Hardik Harshadbhai Patel, (2017) 1 SCC 113. It found that the High Court's order lacked any such satisfaction and therefore set aside the direction for inquiry, remanding the matter to the High Court for fresh consideration in accordance with law, while expressly declining to express any opinion on the merits. The appeals were accordingly disposed of.

Lesson Learnt

A court cannot order a perjury/forgery inquiry under Section 340 CrPC as a matter of routine: it must record a specific, reasoned satisfaction that such an inquiry serves the interests of justice, or the direction is liable to be set aside.

Official source (sci.gov.in)View Judgment (PDF)

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