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Bombay High Court

NITESH AMRENDRA SHRIVASTAVAversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court upheld the Family Court’s order, holding that the respondent is not liable for perjury as the errors were attributable to her advocate.

Summary

The petitioner, Nitesh Amrendra Shrivastava, filed a writ petition challenging a Family Court order that rejected his application under Section 340 of the Code of Criminal Procedure seeking perjury proceedings against Respondent No.2, his wife. Respondent No.2 had filed an affidavit that omitted her MBA qualification, source of income, and a pending domestic violence case, which the petitioner alleged were deliberate false statements. The respondent’s counsel argued that the omissions were due to a mistake by her advocate, who was suffering from depression, and that the Family Court had already imposed costs on the respondent. The Court examined whether the non‑disclosure amounted to perjury or whether the advocate’s error could shield the respondent from liability. It held that, although the omissions were serious, the respondent should not be penalised for the advocate’s mistake, and therefore the Family Court’s order rejecting the perjury application stood. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the non‑disclosure of material facts in an affidavit constitutes perjury under Section 340 CrPC.
  • Whether liability for false statements in an affidavit can be attributed to the advocate rather than the deponent.
  • Whether the Family Court’s rejection of the perjury application is maintainable.

Legislation cited

Subjects

  • perjury
  • affidavit
  • Section 340 CrPC
  • family court
  • advocate negligence
  • non‑disclosure
  • criminal proceedings

Judgment

                                                                     7-WP-717-2026 (CR).doc


Shubhada S Kadam


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION
                               CR. WRIT PETITION NO. 717 OF 2026
               Nitesh Amrendra Shrivastava                      ...Petitioner/s
               Versus
               The State of Maharashtra and anr.                ...Respondent/s
               _________________________________________________________________

               Mr. A. Karim Pathan along with Mr. Rahul Ameen, Mr. Zahir Shaikh, Mr.
               Fazal Shaikh, Mr. Shane Illahi, Advocate-Kehkasha and Mr. Shoeb Shaikh,
               Advocate for Petitioner.
               Mr. S. M. Mangaonkar, APP for Respondent No.1-State.
               Mr. Shreeniwas Magar along with Mr. Rushikesh Salunkhe, Advocate for
               Respondent No.2.
               _________________________________________________________________

                                                   CORAM       :   SHIVKUMAR DIGE, J.
                                                   DATE        :   31st AUGUST, 2026.
               P.C. :
               1.         Heard learned counsel for the petitioner, learned APP for

               respondent No.1-State and learned counsel for respondent No.2.

               2.         The present petition is preferred against the order passed by the

               Family Court, Pune, whereby the application filed by the petitioner under

               Section 340 of the Code of Criminal Procedure, seeking initiation of

               perjury proceedings against respondent No. 2–wife, came to be rejected.

               3.         Learned counsel for respondent No.2 fairly submitted that the

               incorrect facts were mentioned in the affidavit due to an error on the part

               of the advocate representing respondent No.2 before the Trial Court. The

               said advocate was suffering from depression and was not aware of the

               facts at the relevant time. Learned Family Judge has already imposed costs

                                               Page 1 of 2
                                                                            7-WP-717-2026 (CR).doc


     Shubhada S Kadam


                      of ₹1,000/- on respondent No.2 On instructions, learned counsel

                      submitted that respondent No.2 will file a correct affidavit mentioning the

                      correct facts as per the guidelines laid down by the Hon'ble Supreme

                      Court in Rajnesh v. Neha and anr. (2021) 2 SCC 324.             He further

                      submitted that if respondent No.2 commits the same mistake again, this

                      Court may pass appropriate orders against her.

                      4.         Learned counsel for the petitioner strongly objected submission

                      that the incorrect statements were due to the advocate’s mistake and

                      submitted that     wrong information was deliberately provided in the

                      affidavit by respondent No.2. Hence, requested to pass appropriate orders.

                      5.         I have heard both learned counsel, perused the impugned order.

                      Respondent No.2 had not disclosed her MBA qualification. Respondent

                      No.2 had also not mentioned her source of income and had suppressed the

                      fact regarding the pending DV case.

                      6.         In my view, the non-disclosure of these facts is serious.

                      However, as the advocate representing respondent No.2 has taken

                      responsibility for the said error, respondent No.2 should not suffer for the

         Digitally
                      mistake of her advocate. As Family Court has already imposed costs, the
         signed by
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR
KADAM
         KADAM        writ petition is disposed of accordingly.
         Date:
         2026.09.03
         15:33:21
         +0530




                                                                     (SHIVKUMAR DIGE, J.)

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