Uttar Pradesh

Aligarh

MA/2/2016

DR PISHUSH VARSHNEY - Complainant(s)

Versus

MITHUN DIXTI - Opp.Party(s)

25 Apr 2024

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग
अलीगढ
 
Miscellaneous Application No. MA/2/2016
( Date of Filing : 28 Mar 2016 )
In
Complaint Case No. CC/132/2014
 
1. DR PISHUSH VARSHNEY
surjen pro krishana hospital MARRIS ROAD ALIGARH
...........Appellant(s)
Versus
1. MITHUN DIXTI
S/O YOGENDRA DIXTI R/O GOMAT POST GOMAT ALIGARH
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. HASNAIN QURESHI PRESIDENT
 HON'BLE MR. ALOK UPADHYAYA MEMBER
 HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER
 
PRESENT:
 
Dated : 25 Apr 2024
Final Order / Judgement

Order

  1. Applicant has moved application U/s 340 Cr.P.C. for taking legal action against the Op for committing offence U/s 193 IPC for filing the false affidavit in complaint case no.132/2014.
  2. Applicant has alleged that in the complaint case no. 132/2014 Mithun Dixit Vs Dr. Piyush Varshney, Complainant Mithun Dixit who is op in the present proceedings filed an affidavit on 9.3.2016 in which it was deposed that the opposite party in the complaint  case    who is applicant in the present  proceeding had not filed the written statement whereas the WS was filed on 12.1.2016 and the counsel  for the complainant had received the copy with the endorsement made on the order sheet dated 19.2.2016 and thus an false affidavit was filed.             
  3. OP has filed objection stating that a mistaken  statement was made with the understanding that only preliminary objection had been filed without filing WS on merits. It was further stated that the statement was made unintentionally and unknowingly without having idea of the fact that the WS was filed and copy was received and it was not made with any fabrication of the evidence.  
  4. Heard and perused the record.
  5. In view of facts and circumstances of the case, the OP does not seem to have made the statement with the intention of adducing false or fabricated evidence in the proceeding of the case. There seems no fruitful purpose in taking any legal action against the op. Application u/s 340 Cr.P.C. is liable to be rejected.
  6. We hereby reject the application U/s 340 Cr.P.C.
  7. A copy of this order be provided to all the parties as per rules as mandated by Consumer Protection Act, 2019. The order/judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
  8. File be consigned to record room along with a copy of this judgment.

 

 
 
[HON'BLE MR. HASNAIN QURESHI]
PRESIDENT
 
 
[HON'BLE MR. ALOK UPADHYAYA]
MEMBER
 
 
[HON'BLE MRS. PURNIMA SINGH RAJPOOT]
MEMBER
 

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