M E M O
1. Humbly submit that the respondent has highest respect for every instructions/directions/orders of this Hon’ble Court and the respondent is the law abiding and respectable citizen of India and also worked as Scientific Officer for Govt. of India.
2. Humbly submits that this Hon’ble Court may be pleased to reject all the prayers of petitioner on the ground that petitioner suppressed material facts and also gave false information to this Hon’ble Court through the affidavits in present case and in the interest of justice and equity before hearing the petitioner this Hon’ble Court may be pleased to dispose the below list of applications:
i. CRLMP NO: 529/2010 in MC NO: 145/2009 filed U/s 340 of CrPC r/w 195 of CrPC.
ii. CRLMP NO: 135/2011 in CRLMP NO: 522/2009 in MC NO: 145/2009 filed U/s 340 of CrPC r/w 195 of CrPC.
iii. CRLMP NO: 39/2011 in MC NO: 145/2009 filed U/s 127 of CrPC.
iv. Perjury application dated: 24/01/2014 in MC NO: 145/2009 filed U/s 340 of CrPC r/w 195 of CrPC.
3. Humbly submit that this Hon’ble Court may be pleased to consider the list of documents that are filed on 24/01/2014 by respondent while disposing any applications and petitions filed by the parties of the present case.
4. Humbly submit that passing any orders/decisions in MC NO: 145/2009 before disposing the listed applications/petitions in this MEMO would result in non-compliance of Articles 14, 19 and 21 of Constitution of India and the proceedings would not be fair and transparent and such circumstances would result in miscarriage of justice and damages to the respondent.
5. Humbly submits that this Hon’ble Court may be pleased to rely on the decision of Hon’ble Supreme Court of India in case of (2004) 7 SCC 166, enclosed in this MEMO as Annexure-4, in which Hon’ble Court held that
"As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the Courts to deter a litigant from abusing the process of Court by deceiving it...."
6. Humbly submits that this Hon’ble Court may be pleased to dispose the PERJURY applications referred above by relying on the decisions of Hon’ble High Courts of India, enclosed as Annexure- 5 & 6, in which Hon’ble Courts held that:
“if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence”.
7. Humbly submits that, in the interest of justice, this Hon’ble Court may be pleased to STOP the proceedings invoking relevant provisions of CrPC and AQUIT/DISCHARGE the respondent on the grounds mentioned in above list of applications and this Hon’ble Court may be pleased to rely on the citations enclosed in this MEMO as Annexure-1 to 3 to AQUIT/DISCHARGE the respondent by invoking Section 258 of CrPC & Other provisions.
Place:
Date: - -2014. Respondent
Enclosures:
Annexure-1: Judgement of Hon’ble Supreme Court of India in case of K.M. Mathew vs State Of Kerala And Anr M/S S.J.S. Business Enterprises Vs State Of Bihar & Ors.
Annexure-2: Judgement of Hon’ble High Court of Andhra Pradesh in case of P.Gopalakrishna & Amp; Another Vs State Of A.P.
Annexure-3: Judgement of Hon’ble Bombay High Court in case of State of Maharashtra Vs Ram S/o Pandharinath Chidrawar.
Annexure-4: Judgement of Hon’ble Supreme Court of India in case of M/S S.J.S. Business Enterprises Vs State Of Bihar & Ors.
Annexure-5: Judgement of Hon’ble High Court of Allahabad in case of Syed Nazim Husain Vs. The Additional Principal
Judge Family Court & another.
Annexure-6: Judgement of Hon’ble High Court of Punjab and Haryana in case of Sunny Bhumbla Vs Shashi.
