A ONE INDUSTRIES Vs. D P GARG

JUDGEMENT

(1.) This appeal under Section 341, Cr. P. C. is directed against the order dated 11 .4.1996 passed by the Additional District Judge, Delhi under Section 340, Cr.P.C. directing prosecution of the appellant for the offence undersection 193, IPC.

(2.) Briefly stated, facts giving rise to this appeal are that on 24.10.1986 the appellant filed a false affidavit in the case RCS No. 158/1990 (M/s. A-One India industries v. D.P. Garg & Co.) pending on the file of the Additional District Judge, Delhi stating therein that by the order dated 22.10.1986 passed by this Court in RFA No. 199/1986, operation of the order dated 29.9.1986 passed by the Additional District Judge had been stayed. On 25.10.1986, on inspection of the record of case RFA No. 199/1986 by the respondent O.P. Garg, it was discovered that no such stay order as mentioned in the said affidavit was granted by this Court. Respondent, therefore, filed an application under Section 340, Cr.P.C. before the Additional District Judge for initiating appropriate proceedings against the appellant. By the impugned order, the Additional District Judge directed prosecution of the appellant for the offence punishable under Section 193, IPC. Hence this appeal.

(3.) It is an admitted position that on 24.10.1986, the appellant had filed his affidavit before the Additional District Judge, Delhi containing the following statement.