Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 11 DV 2020 Priyanka Vs Safal and ors.
CNR-MHMM18-000456 -2020
COMMON ORDER BELOW EXH.13 ,15 AND 16
1. Perused record. Heard, both the side.
2. The summary of the background facts, leading to filing of these
applications, is that, applicant filed present main application under
Section 12 of Protection of Women from Domestic Violence Act, 2005.
The respondents filed their detailed reply to the main application. In view
of directions issued by Supreme Court in case of Priyanka Vs. Suresh,
both the parties also filed affidavits of assets and liabilities. By way of
these applications, the respondent contended that the contents of the
assets and liabilities affidavit filed by applicant are false and incorrect. It
amounts to offence of leading false evidence punishable under Section
191, 193 etc. of Indian Penal Code. Therefore, inquiry shall be conducted
as per Sec. 340 of Code of Criminal Procedure. Further, the main
applicant shall be rejected for filing such false affidavit.
3. The matter is in its initial stage. For initiating inquiry/proceeding
under Section 340 of Code of Criminal Procedure for leading false
evidence there must be substantive evidence on record. Merely on the
basis of material produced the contention of false evidence can not be
accepted. Applicant just filed her affidavit of assets and liabilities. The
further proceedings are yet to commence. The material produced can be
considered for deciding other issues at this interim stage. But it can not be
utilized at this stage for initiating inquiry, as prayed for.
4. Further the law is well settled. As per Sec.340 of the Code of
Criminal Procedure, such action/inquiry can be initiated only in cases
where it is expedient to do so in the interest of justice. So also, it is
discretion of court and parties have limited scope in requesting the court
to exercise its discretion to do so. Such a stage of the matter is not yet
commence. The above discretion leads to inference that these aspects can
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C. C. No. 11 DV 2020 Priyanka Vs Safal and ors.
CNR-MHMM18-000456 -2020
not be scrutinized without conclusion of evidence of both the parties.
Therefore, following order :
ORDER
All these applications are ordered to be decided finally at the time
of judgment. Permission granted to both the parties to argue these aspects
during final arguments.
MUMBAI (KOMALSING RAJPUT)
DATE – 29.08.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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