RAKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned public prosecutor has submitted the letter dated 20.5.97 of the Superintendent of Police, Dholpur, wherein he has informed that, after inquiry, it has been found that the marriage of accused-petitioner Rakesh had not been fixed to be solemni: ed on 9.5.97 with Km. Guddi daughter of Ramjilal, that Jaswant Singh in consultation with petitioner Rakesh got false marriage-card printed and that said Ramjilal has already lodged a report on 6.5.97 at police station-Basai Dang, against accused-Rakesh and others, whereupon Crime No.22/97 for the offences u/s.420, 468, 469 & 120B Penal Code has been registered and that investigation is going on.

(2.) It is really a very serious matter. The petitioner's father Jaswant Singh has filed an affidavit in this Court testifying the contents of this petition praying for temporary bail to petitioner-Rakesh. In view of the letter of the Superintendent of Police, Dholpur; the contents of this petition filed under section 439 Crimial P.C. and the affidavit filed by Jaswant Singh prima facie appear to be false. It prima facie appears that Jaswant Singh alias Jaswant has intentionally given a false affidavit in this Court for the purpose of being used in a judicial proceeding and I am satisfied that it is necessary and expedient in the interest of justice that he should be tried for the offence under section 193 Penal Code in the court of competent jurisdiction.

(3.) It is, therefore, ordered that the Dy. Registrar (Judicial), Rajasthan High Court Bench, Jaipur, shall immediately file a criminal complaint against Jaswant Singh @ Jaswant s/o late Dharampal by caste Gujar, r/o village-Nagar (Bhagatpura), PS-Basai Dang, District-Dholpur for the offence under section 193 Penal Code in the court of competent jurisdiction.