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1.

PERJURY
HC of CALCUTTA

on

2017-01-09
C.R.R. No 809 of 2015J. Indrajit ChatterjeeArijit Sarkar vs Monosree SarkarCrPC 195 340

Charges Without Evidence Attract Perjury

Regarding point no.2: Section 195 of the Code is in Chapter XIV of the Code. This Chapter deals with condition requisite for initiation of a proceeding. It is true that Section 195 deals with offences against the public justice also. Section 340 of the Code has laid down a procedure what the court will do where administration of justice has been affected. It has prescribed a procedure for tackling such a situation after making such preliminary inquiry. This is one procedural law which has supplemented Section 195 of the Code. In view of the decision of this court while answering point no.4 this court is satisfied that in the situation as stated while discussing the fact certainly Section 195 of the Code can be pressed into action along with Section 340 of the Code. The trial court will decide after making preliminary inquiry as to whether the recital in the report submitted by the opposite party no.7 as pointed out by Mr. Roy and duly noted by me in Page no.2 of this judgment is based on facts or not and whether any criminal prosecution can be initiated. Thus, this point no.2 is answered accordingly.
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