THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 765 OF 2010 DATED:23-11-2011 Between: Nand Kishore Agarwal and another … Appellants And Mr. Anil Kumar Gupta and four others … Respondent THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 765 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) 1. According to learned counsel for the appellants, the writ petitioner had made false statements in the Court on affidavit and when these were pointed out, he did not press the writ petition. 2. According to learned counsel for the appellants, action should have been initiated against the writ petitioner for filing a false affidavit. 3. An application in this regard was moved by the appellants under Section 340 of the Cr.P.C., but the learned single Judge did not think it necessary to initiate appropriate action. 4. Learned counsel for the appellants says that, in law, the appellants cannot take any action against the writ petitioner and that the learned single Judge ought to have taken action in the matter. 5. The very fact that the learned single Judge did not take any action in the matter shows that the learned single Judge was not inclined to agree with the appellants that this was a case in which action should have been taken against the writ petitioner. Writ Appeal No. 765 of 2010 page 1 of 2 6. We see no reason to interfere with the exercise of the discretion by the learned single Judge. 7. There is no merit in this writ appeal and it is accordingly dismissed. MADAN B. LOKUR, CJ SANJAY KUMAR, J 23-11-2011 ks Writ Appeal No. 765 of 2010 page 2 of 2