R.P. KHOSLA Vs. ANAND MOHAN MISHRA (ADV.)

JUDGEMENT

(1.) This is an application filed by the Petitioner seeking review and recall of the judgement dated 13.08.2020. Several grounds have been raised by the Petitioner for seeking a review and a perusal of the petition makes it evident that most of the grounds urged touch upon the merits of the allegations of perjury levelled by the Petitioner with respect to the alleged false statements made in counter affidavit on 24.02.2010 filed in CCP(Co.) No. 1/2009. The prayers made in the review petition are as follows:

(2.) As a brief background, Crl.M.(Co.) 4/2019 was filed by the Petitioner under Section 340 Cr.P.C seeking prosecution of the Respondents for allegedly committing perjury in relation to the proceedings before this Court by making false and contradictory averments in the counter affidavit dated 24.02.2010. While arguing the petition, Mr. Khosla learned counsel for the Petitioner had painstakingly argued that the contents of the affidavit filed by the Respondents are replete with false statements and reliance is placed on forged and fabricated documents. Gist of the alleged contradictions/false statements, referred to and relied upon by Mr. Khosla, are extracted in para19 of the judgement dated 13.08.2020.

(3.) The petition was disposed of by this Court without entering into the merits of the controversy of alleged perjury, vide judgement dated 13.08.2020. The reason that persuaded this Court to refrain from entertaining the petition on merits was a consent order passed by the Supreme Court in SLP(Crl.) 6873/2010 with SLP(C) 23796-23798/2010 and Contempt Pet. (Crl.) 4/2013 on 08.05.2014, the relevant para of which wasextracted in the judgement and is extracted hereunder for ready reference: