Section 340 CrPC requires a mandatory judicial opinion before complaint initiation for alleged perjury-related offences.

Section 340 CrPC proceedings require the court to first form an opinion that the material discloses a prima facie offence under Section 195(1)(b)(i) and that inquiry is expedient in the interests of justice; a preliminary inquiry is optional, but the statutory opinion is mandatory. Allegations of false or contradictory statements do not by themselves justify a complaint unless the conduct has a real bearing on the administration of justice. As the impugned order did not show compliance with these preconditions before directing the Registrar to lodge a complaint, the initiation of proceedings was held unsustainable and was set aside.

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Issues: Whether the High Court could initiate proceedings under Section 340 of the Code of Criminal Procedure, 1973 and direct filing of a complaint for offences under the Indian Penal Code without first satisfying the statutory preconditions and recording the requisite opinion.

Analysis: Proceedings under Section 340 are governed by the twin requirements that the materials must disclose a prima facie case for an offence covered by Section 195(1)(b)(i) of the Code and that it must be expedient in the interests of justice to inquire into the alleged offence. The formation of opinion is mandatory, while a preliminary inquiry is permissible but not compulsory. Even where false or contradictory statements are alleged, the Court must assess whether the alleged conduct has a real impact on the administration of justice and whether a complaint is warranted in the facts of the case. The impugned order did not reflect compliance with these requirements before directing the Registrar to lodge a complaint.

Conclusion: The initiation of proceedings under Section 340 of the Code was unsustainable and was set aside.

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