Court’s Decision:
Given the admission of fabrication by Mr. Kumar and the false affidavit filed in
court, the court has a basis to proceed under Section 340 CrPC. The authenticity
of the documents was vouched for by Mr. Kumar, who later admitted to their
fabrication. Thus, the offense can be considered to have occurred during the
court proceedings.
Conclusion:
The court is justified in directing the registration of a complaint under
Section 340 CrPC. The Registrar General is instructed to lodge a complaint with
the concerned Judicial Magistrate and transmit all relevant documents for
further legal action. This decision underscores the seriousness of forgery and
fabrication in judicial proceedings and ensures that such offenses are addressed
with the full force of the law.
Author's Note:
This case highlights the critical importance of honesty and integrity in
judicial processes. Fabrication of evidence not only undermines the judicial
system but also erodes public trust. The court’s decision to proceed under
Section 340 CrPC serves as a stern reminder that legal proceedings must be
conducted with the utmost integrity, and any deviation will attract stringent
legal consequences.
Case Citation: Rashi Santosh Soni Vs K G Marketing India: 02.07.2024: CS
COMM 18 of 2023 : 2024:DHC:4887:Delhi High Court: Prathiba M Singh, H.J.
Disclaimer:
The information shared here is intended to serve the public interest by offering
insights and perspectives. However, readers are advised to exercise their own
discretion when interpreting and applying this information. The content herein
is subjective and may contain errors in perception, interpretation, and
presentation.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and
Trademark Attorney
Email: [email protected], Ph no: 9990389539
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