Conditions, on Fulfilment of Which a Complaint Can Be Filed against a Person Who Has Given a False Affidavit or Evidence in a Proceeding Before a court
B.K. Gupta vs Damodar H. Bajaj and Ors. (Equivqlent citations: 2001 (2) ALD Cri 83, JT 2001 (4) SC 422, (2001) 9 SCC 742)
It follows that there are two conditions, on fulfillment of which a complaint can be filed against a person who has given a false affidavit or evidence in a proceeding before a court. The first condition being that a person has given a false affidavit in a proceeding before the court and, secondly, in the opinion of the court it is expedient in the interest of justice to make an inquiry against such a person in relation to the offence committed by him. It is no doubt true that the High Court has recorded a finding that the appellant has made a false statement on oath and has also used evidence known to be false and fabricated.