Crl. Misc.No.M-46849 of 2007 (O&M) [1] In CWP No.1986 of 1993 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-46849 of 2007(O&M) In C.W.P. No.1986 of 1993 Date of Decision: 27 - 9 - 2010 Mrs.Vijay Lata .....Petitioner v. Sh.Sarvadanand Arya and others .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Raman B. Garg, Amicus Curiae for the petitioner. Mr.Kamal Sehgal, Advocate for the respondents. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed under Section 340 Cr.P.C. with a prayer that the respondents be tried, convicted and sentenced for filing, willfully a false affidavit in Civil Writ Petition No.1986 of 1993 in which poor performance of the petitioner was averred as a reason to dispense with her services. It is stated that filing of false affidavit amounted to cheating and defamation for charges under Sections 193,204,420,468,500 read with Section 34 IPC. Grievance of the petitioner is that she was appointed as a Lecturer by the Kurukshetra University in response to advertisement published on 26.9.1989 against a leave vacancy – temporary reserved for Scheduled Caste. On the recommendations of the Selection Committee, she Crl. Misc.No.M-46849 of 2007 (O&M) [2] In CWP No.1986 of 1993 joined as a Lecturer in the Department of Psychology. The services of the petitioner were terminated on 2.2.1993. She filed a writ petition viz. Civil Writ Petition No.1986 of 1993 in this Court, which, as stated, was dismissed by a Division Bench of this Court vide order dated 19.3.1993, Annexure P9 on the ground that petitioner's performance, as a teacher, was not found to be satisfactory. Counsel for the petitioner states that this has occurred due to filing of a wrong affidavit by the University. It is further submitted that in the affidavit, the respondents have deliberately concealed resolution No.114 dated 28.10.1992. This Court is of the view that during the course of litigation, litigants do not always take recourse to the truth. Sometime false affidavits indeed are submitted. Sometimes they are presumed to be false. The offence of purgery or filing of a wrong affidavit is an offence against the Court. It is well settled maxim that Courts will not act to satisfy the feeling of revenge of any litigant. When the conscious of Court is pricked and it arrives at a finding that due to filing of wrong affidavit, administration of justice has failed, then the Court to uphold the majesty of law do act. For each and every averment made wrongly, the litigant is not to be taken to task, especially when the affidavit so relied has been taken into consideration by the Hon'ble Apex Court to dismiss the Special Leave Petition. Thus, this Court cannot come to the rescue of the petitioner. Hence, the present petition is dismissed. ( KANWALJIT SINGH AHLUWALIA ) September 27, 2010. JUDGE RC Crl. Misc.No.M-46849 of 2007 (O&M) [3] In CWP No.1986 of 1993