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Supreme Court of India 2017-01-12 remanded

Kailash Vijayvargiya vs Antar Singh Darbar and Ors

Bench: 2 — Kurian

In Brief

The appellant challenged a High Court order directing an inquiry under Section 340 of the Criminal Procedure Code into allegations of forged signatures and false statements. The High Court had found that the respondent failed to appear before a notary to sign a register and that affidavit signatures appeared forged. The Supreme Court held that mere contradictory statements or alleged document forgery in judicial proceedings do not automatically justify initiating such an inquiry. A court must be affirmatively satisfied that the inquiry is expedient in the interests of justice, considering the overall facts and likely consequences. Finding no such satisfaction, the Court set aside the High Court's order and remanded for fresh consideration.

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Criminal Procedure False Evidence Perjury Judicial Proceedings

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