In this appeal, the appellant challenged the dismissal of his Section 340 Cr.P.C. application for vagueness of allegations. This single-paragraph order dismissed the appeal, holding that the appellant failed to establish manner of false information despite repeated queries.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~45
DAVENDER ..... Appellant Through Mr. Suraj Bhan, Adv.
versus
STATE & ORS. ..... Respondents Through Mr. K.K. Ghei, APP for State
CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT O R D E R % 24.10.2019
CRL.M.A. 39161/2019
Allowed, subject to all just exceptions. Application is disposed of.
CRL.A. 1236/2019
Vide the present appeal, the appellant seeks direction:-
The petitioner has challenged the order dated 13.09.2019 passed by the learned Trial Court whereby the application filed by applicant under Section 340 Cr.P.C has been dismissed.
On perusal of the impugned order, the learned Trial Court has observed that application filed by the petitioner under Section 340 Cr.P.C is vague, how and in what way false information has been made by the respondent. It is further observed that in the absence of specific allegations the application under Section 340 Cr.P.C. is dismissed.
This Court repeatedly asked the petitioner as to in what way in application u/s Section 340, the respondent has made false information, however, he could not specifically reply to the same.
Therefore, the petitioner failed to establish in what manner the respondent made false information, first before the Trial Court and again before this Court.
I find no merit in the appeal, the same is, accordingly, dismissed.
SURESH KUMAR KAIT, J
OCTOBER 24, 2019 ms
3 issues framed by the court
Whether the appellant failed to establish that the respondent made false information under Section 340 Cr.P.C.
Whether the appeal against the dismissal of the Section 340 Cr.P.C. application has merit.
Whether direction should be issued to frame a complaint under Sections 181, 182, 191, 193 and 209 IPC.
2 provisions across 2 enactments
DAVENDER
STATE
SURESH KUMAR KAIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
