KAILASH NARAIN ARORA Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed by the applicant under section 482 Cr.P.C. seeking quashment of proceeding initiated? under section 340 Cr.P.C. by the trial court. On the basis of which, the notice is issued to the applicant that he has made a false statement? by stating that the revision of the respondents was dismissed by the Court.

(2.) THEY were directed to surrender before the court below and a cost of Rs. 25,000.00 was also imposed. This statement has been made by filing an affidavit before the trial court. On the basis of this, a notice was issued to the applicant. The case of the applicant is that? revision of the respondents was dismissed by the Court and they were directed to surrender before the trial court.

(3.) THE ? stand of the learned counsel for the respondents is that the applicant has intentionally made a statement that a cost of Rs. 25,000.00 has been imposed while, in fact, the court had not imposed any such cost. This by itself is sufficient to proceed against the applicant under section 340 Cr.P.C. In order to understand the rival contention of the learned counsel for the respondent, it is necessary to re-produce Section 340 Cr.P.C. :