Perjury Proceedings -- Absence of Opinion on Expediency -- Order under S.340 CrPC without recorded satisfaction is bad in law
(i) Criminal Procedure Code, 1973, S.340 -- Perjury Proceedings -- Absence of Opinion on Expediency -- Initiation of an inquiry requires the court to form an opinion that holding such inquiry is expedient in the interest of justice. An order directing inquiry without recording this opinion does not meet the mandate of Section 340(1) and is not sustainable in law. (ii) Indian Penal Code, 1860, Ss.193, 199, 200 -- False Statement -- Typographical Error in Pleading -- A wrong statement arising from inadvertent error is distinct from a false statement, which requires deliberate intent to deceive along with knowledge, actual or constructive, of its falsity. Typographical errors duly explained do not meet this threshold and cannot found proceedings for making false statements.
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