Uttaranchal High Court: Manoj Kumar Tiwari, J., dismissed a petition which was filed before this Court seeking to issue a writ, order or direction in the nature of mandamus directing the Tehsildar to register and decide the application which was filed by him. under Sections 195/340 CrPC for filing false affidavit and committing perjury by certain persons named in the said application.
Petitioner had moved an application under Section 340 CrPC before Tehsildar in mutation proceedings, however, Tehsildar was not entertaining his application.
The Court perused the records and explained Section 340 CrPC and held that after perusal of sub-section (1) of Section 340 it was clear that if the Court concerned was satisfied that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of Section 195, then the Court may proceed in the matter.
The court while dismissing the petition held that before proceeding in the matter, the Court has to form an opinion that an enquiry was needed, the Court further held that it was not for the Court to direct the Tehsildar to proceed under Section 340 CrPC.[Hari Sharan Shankar Srivastava v. State of Uttarakhand, 2021 SCC OnLine Utt 332, decided on 15-03-2021]
Suchita Shukla, Editorial Assistant ahs reported this brief.