In Brief
The appellant challenged the High Court's order initiating proceedings under Section 340 of the Code of Criminal Procedure for alleged false evidence and contradictory statements in a civil suit. The Supreme Court held that while contradictory statements in judicial proceedings may suggest misconduct, they are insufficient alone to initiate such proceedings. Prosecutors must show intentional falsehood and establish that inquiry is expedient in the interests of justice. The Court clarified that preliminary inquiry is optional, and even after finding probable offence, filing a complaint remains discretionary. The High Court failed to follow these procedural safeguards. Accordingly, the Supreme Court allowed the appeal and set aside the order initiating Section 340 proceedings."
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