In Brief
In this civil appeal, the Supreme Court set aside a High Court order directing prosecution of the appellants under Section 340 Cr.P.C. for perjury. The appellants, in breach of an injunction order, had submitted drawings to Delhi Transco Limited; they claimed this was inadvertent, caused by a communication gap within their organization, and later sought judicial permission for such submission. The Court held that before directing prosecution, the High Court must examine whether it is expedient in the interest of justice to do so, considering all circumstances. Finding the appellants' plausible explanation, their unconditional apology, and their proactive approach to seek court permission, the Court held the case unfit for criminal prosecution and allowed the appeal.
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