RAJKUMAR PATHAK Vs. GHANSHYAM TIWARI & ORS.

JUDGEMENT

(1.) This petition has been filed by the applicant under Section 482 r/w 340 of CrPC for taking action against respondents for stating false facts and filing false affidavit before this Court in M.Cr.C.No.94/2016.

(2.) Brief facts of the petition are that on the report of applicant police registered Crime No.1322/2015 for the offence punishable under Section 3 & 4 of Dowry Prohibition Act against respondents No.1 & 2 and other coaccused persons. The respondent No.1 & 2 filed bail application under Section 438 of CrPC for grant of anticipatory bail before this court which was registered as M.Cr.C.No.94/2016 and disposed of by this Court by order dated 27.01.2016. In para 6.2, 6.3 and 6.4 of the bail application respondents No.1 & 2 stated that they are innocent and after the engagement ceremony the applicant's daughter herself informed and requested to the respondents No.1 & 2's son namely Ajay Tiwari, to break the engagement as she wanted to marry someone else and that she had agreed to marry with Ajay Tiwari under compulsion of her family. Respondents No.1 & 2's son Ajay Tiwari after coming to know about the above fact came under serious depression and informed his maternal uncle Laxman Tiwari, who also informed the respondents no. 1 and 2 and thereafter went to the applicant's home with family and informed about the above fact and requested him that when his daughter wanted to marry someone else by canceling engagement why did he want to get her married forcibly. But the applicant assured them to convince his daughter and asked them to continue with the preparation for marriage. It is further stated that just a few days before the marriage on 08/11/2015, complainant Niranjan Pathak called the son of the respondent No.1 & 2 at his home and after returning from there their son was seriously depressed and left home the very same day and is missing since then. The respondents No.1 & 2 lodged complaint about missing of their son in the concerned police station, and the respondents No.1 & 2 are seriously tensed about him.

(3.) Learned counsel for the applicant submitted that all the above allegations are false and respondent no.3 also filed false affidavit in support of above contention. He further submitted that respondent no.3 also wrote his address wrong in the affidavit. So the cognizance for the offence punishable under Sections 191, 192, 193 & 420 of IPC be taken against them. In this regard, learned counsel for the applicant also placed reliance on the Apex Court judgment passed in the case of Sciemed Overseas Inc. v. BOC India Limited and Others, (2016) 3 SCC 70and the judgment passed by this Court in the case of Delton Impex Pvt. Ltd. Katni v. Sanjay Dang and Others,2009 2 MPLJ(Cri) 1