Section 379 BNSS Doesn't Mandate Conduct Of Preliminary Inquiry: Orissa HC Refuses Institution Of Perjury Complaint In Matrimonial Case
The Orissa High Court was considering an Appeal against the order of the Family Court refusing to entertain the petition of the Appellant essentially under Section 379 of BNSS.
The Orissa High Court has refused to direct conduct of preliminary enquiry or institution of complaint under Section 379 BNSS in a matrimonial dispute noting that it is not mandatory.
The Court was considering an Appeal against the order of the Family Court refusing to entertain the petition of the Appellant essentially under Section 379 of BNSS.
The single-bench of Justice Gourishankar Satapathy observed, "....it appears that Sec. 379 of BNSS does not mandate a preliminary enquiry, so also such a course may not be required to be adopted in every cases. However, the Court may hold a preliminary enquiry and record a finding to the effect that it is expedient in the interest of justice that enquiry should be made into any of the offence referred to in Sec. 215(1)(b) of the BNSS. However, it is not in all and every case, the Court has to exercise the jurisdiction of Sec.379 of BNSS, unless there is an expediency in the interest of justice in the opinion of the Court."
The Appellant was represented by Advocate B.Pujari.
Facts of the Case
Counsel for the Appellant submitted that although the application of the Appellant discloses some materials to take action against the Respondent in terms of provision of Sec. 379 of BNSS, but the fact remains that the Trial Court by the impugned order has in fact not heard the Appellant on the point and rather he has passed an order by observing inter alia that “the petition for initiation of criminal proceeding without authentic particular deserves no positive consideration, as such the same stands rejected”. He also submitted that the Respondent-Husband has deliberately and maliciously made false statement and suppressed facts in his disclosure affidavits filed before the Trial Court.
He contended that if there is an application for initiation of a criminal proceeding in the nature of 379 of BNSS, the Court has to hold a preliminary enquiry and the learned counsel for the appellant in order to buttress his such submission has relied upon the decision in State of Punjab Vrs. Jasbir Singh; 2022.
Reasoning By Court
The Court rejected the contention of the Counsel for the Appellant and noted that Sec. 379 of BNSS does not mandate a preliminary enquiry, so also such a course may not be required to be adopted in every cases.
"In this case, this Court does not feel such expediency in the matter because the dispute between the parties is relating to a matrimonial discord in which there is allegation and counter allegation, but the petition stated to be filed U/S.340 of CrPC by the appellant-petitioner does not persuade this Court to direct to conduct an preliminary enquiry or to direct for institution of complaint against the respondent in this case," the Court observed.
The Appeal was accordingly dismissed.
Cause Title: Priyadarshini Amrita Panda vs. Biswajit Pati
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