SUKHCHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of order dated 23.9.2011, whereby, proceedings under Section 344 Cr.P.C. were initiated against the petitioner.

(2.) Learned counsel for the petitioner has submitted that proceedings under Section 344 Cr.P.C. could not be initiated against the petitioner as the statement of the petitioner recorded during investigation was not on oath. For constitution of offence of perjury, both the statements should have been recorded on oath. In case both the said statements were different then proceedings under Section 344 Cr.P.C.could be initiated. In support of his arguments, learned counsel has placed relinace on T.Bhagi Patra vs. State of Orissa, 1996 CrLJ 2423, wherein, it was held as under:-

(3.) Learned counsel for the petitioner has further placed reliance on Ismail Khan vs. State, 1993 1 RCR(Cri) 227, wherein, it was held as under:-