JUDGMENT: This Criminal Appeal has been preferred by the Special Public Prosecutor representing the State against the judgment of the Special Judge for S.P.E. and A.C.B. Cases, Nellore, dated 20.09.2000 in C.C.No.10 of 1998. 2. The accused was tried for the offence under Sections 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988. After full- fledged trial, the trial Court acquitted the accused by giving the benefit of doubt. In the impugned judgment, the learned Special Judge observed that PW.1 gave false evidence before the trial Court, which is different from the version given by him before the Magistrate under Section 164 of Cr.P.C. Therefore, he is liable to be prosecuted for perjury under Section 193 of the Indian Penal Code. 3. As per the procedure contemplated under Section 340 (1) of Cr.P.C. a complaint has to be filed by the Presiding Officer against the witness, who committed the offence of perjury. Section 340 of Cr.P.C. reads as follows: "340. Procedure in cases mentioned in section 195.-(1) When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any as it thinks necessary,- (a) record a finding to that effect; (b) make a complaint thereof in writing; (c) send it to a Magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance for the accused before such magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do send the accused in custody to such Magistrate; and (e) bind over any person to appear and give evidence before such Magistrate. (2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195. (3) A complaint made under this section shall be signed,- (a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint; (b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorize in writing in this behalf. (4) In this Section, 'Court' has the same meaning as in section 195." 4. The trial Court instead of following the procedure prescribed under Section 340 (1) of Cr.P.C., directed the prosecution to take steps to file a complaint under Section 340(1) of Cr.P.C. before the Principal District Munsif, Nellore. When the Section was very specific that the Presiding Officer has to file a complaint before the Magistrate, the direction given by the learned Special Judge to the Prosecution to file a complaint is illegal and it cannot be sustained. 5. In the result, the Criminal Appeal is allowed and the judgment of the trial Court in C.C.No.10 of 1998 to the extent of the direction given to the Prosecution to file a complaint against PW.1 is set aside. The trial Court is directed to pass a fresh order after giving opportunity to PW.1 by following the procedure u/s.340 (1) of Cr.P.C. within one month from the date of appearance of PW.1.