Madras HC Orders Initiation Of Criminal Proceedings Against Litigant For Presenting False Affidavit

The Madras High Court has ordered registration of a criminal complaint against a litigant for presenting a false affidavit before the Court.

Justice C.V. Karthikeyan observed that the litigant had deliberately come to the Court with a false statement.

Thus, the Court directed the Joint Registrar, Original Side of this Court, to lodge necessary criminal complaint against the deponent of the affidavit for presenting false affidavit and trying to influence the flow of administration of justice of the Court.

In this case, the beneficiary under the Will who was confronted with the information, that the executor had executed a registered Will and which had been registered in the Office of the Sub Registrar, Periamet, had given a complaint before the District Registrar Office seeking examination of the said registration of the said Will.

After due enquiry, the Sub Registrar, Periamet had given a report that there was no such document registered in the said office.

"No such document had ever been lodged before the Madras High Court. It could not be lodged because there is no such document bearing registration No.126/2003 in the Office of the Sub Registrar, Periamet. Obviously, the petitioner has come to the Court with a false case.", the Court noted.

The Court observed that had it proceeded further on the assumption that there was a registered Will and had it held that the said issue has to be examined only during the course of further enquiry in the application seeking to revoke the Will, there would have been serious prejudice caused to the flow of administration of the justice.

"I hold that the petitioner herein had deliberately come to the Court with a false statement and necessary process must be issued to initiate criminal proceedings by the High Court against him for presenting an affidavit with false statement before this Court.", the Court held.

The Court directed for the necessary complaint to be lodged before the jurisdictional Police for necessary action.

Cause Title- A.No.4446 of 2022

Click here to read/download Order