Hyderabad: Lawyers practising at the Hyderabad High Court noted that the trial court or higher courts have to verify the essential ingredients that the claim was made fraudulently, dishonestly or with intention to injure or to annoy any person and the litigant knew the claim was false either wholly or in part before invoking Section 209 of IPC against the litigants.
Maintaining the need of curbing the vexatious litigants, Mr C Damodar Reddy, advocate of the Hyderabad High Court, said that when courts prima facie view that a litigant has made a false claim which amounts to an offence under Section 209, the judicial officer has to issue a showcause notice to the litigant (petitioner/plaintiff/accused) as to why a complaint be not made against him under Section 340 CrPC for an offence under Section 209 of the IPC.
He said that if the facts are sufficient to return a finding that an offence appears to have been committed to make a complaint under Section 340 CrPC, the court need not order a preliminary inquiry. But if they are not and there is suspicion, albeit a strong one, the court may order a preliminary inquiry by the police.
Mr N. Sreedhar Reddy, former special government pleader, said that Section 209 was not intended to operate as a trap for lawyers or litigants who may inadequately or incorrectly plead their case.
