Section 340 CrPC requires material use of a false document in adjudication before enquiry can be maintained.

Proceedings under Section 340 CrPC require the alleged false or fabricated document to have been used in judicial proceedings and to have materially affected the adjudication. A photocopy of an MoU that was not the basis of any decision and on which no finding was returned did not satisfy that statutory threshold. On those facts, the tribunal held that an enquiry under Section 340 was not maintainable and dismissed the application.

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Issues: Whether proceedings under Section 340 of the Code of Criminal Procedure, 1973 could be initiated on the allegation that a photocopy of an MoU was fabricated, when the document had not formed the basis of any adjudication.

Analysis: The precondition for action under Section 340 is that the alleged false or fabricated document must have been used in judicial proceedings and must have materially influenced the adjudication. Where the document complained of was not the foundation of any decision and no conclusion was reached on its basis, the statutory requirement for an enquiry under Section 340 is not satisfied.

Conclusion: Proceedings under Section 340 of the Code of Criminal Procedure, 1973 were not maintainable on these facts, and the application was dismissed.

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