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january 2017

Supreme Court of India · 2017-01-12

SHRI KAILASH VIJAYVARGIYA vs ANTAR SINGH DARBAR .

Citation / case number
SC 2016/5814
Court
Supreme Court of India
Petitioner
SHRI KAILASH VIJAYVARGIYA
Respondent
ANTAR SINGH DARBAR .
Author
A.M. KHANWILKAR KURIAN JOSEPH
Bench
A.M. KHANWILKAR KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that the satisfaction required under Section 340 of the CrPC to initiate a preliminary inquiry was lacking in the case at hand. The Court emphasized that mere contradictory statements in judicial proceedings do not suffice for prosecution under Sections 199 and 200 IPC without evidence of intentional falsehood. Consequently, the impugned order directing an inquiry was set aside, and the matter was remanded to the High Court for fresh consideration.

SHRI KAILASH VIJAYVARGIYA vs ANTAR SINGH DARBAR . · Niyam