The Bombay High Court directed that action can be initiated against a husband for making false allegations against his wife in his anticipatory bail application.
In this case the husband had sought anticipatory bail from the High Court, after his application was rejected by a Sessions Court in a case of rape, unnatural offence, subjecting his wife to cruelty, criminal threats and harassment for dowry filed by the wife at the Mahim police station. However, the anticipatory bail was rejected by the high court.
In the application for anticipatory bail filed by husband before the Sessions Judge, it has been alleged that the wife was having an extra-marital affair. This was then negated by the Investigating Officer, who found the allegations incorrect during his investigation. The husband, however, continued to make such allegations against the wife in his application for anticipatory bail as filed before the High Court.
After the Application filled by the wife’s father Mr. Fareed Ahmed Qureshi under section 340 read with Section 195(1)(b) of the Code of Criminal Procedure, The Justice A.S. Gadkari observed making false statement before this court, contrary to the record and for not disclosing true and correct facts is made out. Further, the court is of the prima facie opinion that an offence as covered under Sections 193, 196, 199, 200 and 209 of the Indian Penal Code appears to have been committed by the Husband and it is maneuver in the interest of justice that an inquiry be made into it by a Judicial Magistrate having jurisdiction.