KENNETH DESA Vs. GOPAL LEELADHAR NARANG

JUDGEMENT

(1.) Rule. Heard Finally with consent of parties.

(2.) This petition under Section 482 of the Code of Criminal Procedure seeks to quash the order passed by Civil Judge (Jr.Dn.) and the Sessions Judge on an application under Section 340 of Code of Criminal Procedure and appeal thereon under Section 341 of Code of Criminal Procedure.

(3.) A few facts may be stated thus - The petitioner had filed Civil Suit against the non-applicant for injunction and other reliefs. In the said civil suit, it is alleged that the respondent had filed an affidavit in which the petitioner claims that the respondent has made patently false statement. The petitioner, therefore, filed an application purporting to be an application under Section 340 of Code of Criminal Procedure. As said earlier, it is the contention of the petitioner that respondent had made a false statement on oath in the affidavit as regards the height of the compound wall constructed by the respondent. It appears that the petitioner's contention is that respondent while answering to the allegations in para no.6 of the plaint had undertaken not to increase the height of wall beyond 7 feet even though sanction was given by the Municipal Corporation for construction of a wall of having height of 2 meters equivalent to 6 ft. 6 inches. The petitioner's grievance is that how could defendant/respondent on oath say that he will not increase the height above 7 feet when Corporation has granted sanction for 6.6 ft. and this amounts to making false statement on oath.