Criminal process bar under Sections 195 and 340 CrPC held inapplicable to false information allegations; discharge refusal upheld.

Sections 195 and 340 CrPC were held inapplicable to allegations of false information, false statement and related offences where the alleged fabrication was not confined to the court, even if the material was used in judicial proceedings. The Court also treated the petitioner's failure to disclose an earlier unsuccessful Section 482 challenge as suppression of material facts and an abuse of process. In that background, no ground was found to interfere with the order refusing discharge under Section 239 CrPC, and the challenge to the prosecution was rejected.

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Issues: Whether the prosecution and the refusal to discharge the petitioner were liable to be interfered with on the ground that the proceedings were barred by Sections 195 and 340 of the Code of Criminal Procedure, 1973.

Analysis: The complaint arose out of allegations of false information, false statement and related offences, including acts which were not confined to the court. The restriction under Sections 195 and 340 of the Code of Criminal Procedure, 1973 was held inapplicable to offences of this nature where the alleged fabrication or false information could occur outside the court, even if used in judicial proceedings. The petitioner also failed to disclose that an earlier attempt to quash the chargesheet under Section 482 of the Code of Criminal Procedure, 1973 had already failed, and the Court treated this as suppression of material facts and an abuse of process. In that background, no basis was found to interfere with the order refusing discharge under Section 239 of the Code of Criminal Procedure, 1973.

Conclusion: The challenge to the prosecution and the refusal to discharge the petitioner was rejected.

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