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Andhra High Court · body

2009 DIGILAW 174 (AP)

S. Venkataramana v. State of A. P.

2009-03-18

K.C.BHANU

body2009
ORDER The Criminal Petition is filed seeking to quash the proceedings in I.A. No. 443 of2008 in E.P. No. 7 of 2006 on the file of the Court of Family Court, City Civil Court, Secunderabad and to stay all further proceedings IA No. 443 of2008 in E.P. No. 7 of 2006 on the file of the Court of Family Court, City Civil Court, Secunderabad and to pass such other suitable orders as this court may deem fit and proper in the circumstances of this case. 2. When an application is filed before the trial court to make an inquiry under Section 340 of the Code of Criminal Procedure read with Section 195(1)(b) of Cr.P.C. and initiate proceedings for committing the offences under Section 192, 193, 196,467and471 of IPC. Challenging the same, the present Criminal Petition is filed. 3. Mr. B. Vijaysen Reddy, the learned counsel appearing for the petitioner contended that in view of the compromise between the parties in O.P. No. 56 of 2004, the complaint itself is not maintainable and therefore, he prays to quash the same. 4. On the other hand, Mr. Mastan Naidu Cherukuri, the learned counsel appearing for the second respondent opposed the same on the ground that it is only giving off also evidence is brought to the notice of the court and the court has to decide whether there is prima facie material or not. 5. Heard the learned counsel for the petitioner and the learned counsel for the second respondent and perused the record. 6. There cannot be any dispute that under Section 195(1)(b)(i) any offence punishable under Section 193to 196, 199,200, 205t0211 and 202 to 2281PC when any such offence is alleged to have been committed in respect of a document produced or given in evidence, in a proceeding in any court, Of except on the complaint in writing of that court or such officer of the court as that court may authorize in writing in this behalf or of some other court to which that court is subordinate. 7. Therefore, when a false evidence is given or a false document is produced during the course of judicial proceedings, no court shall take cognizance except by the court. The complaint is lodged before the trial court to make an inquiry as required under Section 340 of Cr.P.C. for the alieged offences under Sections 192, 193, 196 of IPC. 7. Therefore, when a false evidence is given or a false document is produced during the course of judicial proceedings, no court shall take cognizance except by the court. The complaint is lodged before the trial court to make an inquiry as required under Section 340 of Cr.P.C. for the alieged offences under Sections 192, 193, 196 of IPC. Section 192 IPC deals with fabricating false evidence; Section 193 IPC deals with punishment for false evidence; Section 196 IPC deals with using evidence known to be false. There cannot be any evidence either oral or documentary whether the petitioner committed any offence punishable under Sections 192, 193 and 196 I PC is a matter of enquiry by the trial court. So basing on the material available on record, it is for the trial court to decide prima facie offence under Sections 192, 193 and 196 IPC are made out against the petitioner or not and thereupon the complaint has to be lodged by the court or any person authorized by the court. Therefore, the present criminal petition is nothing but premature, as the trial court has not come to the conclusion to refer the complaint to the police for taking cognizance. Therefore, there are no grounds to quash the proceedings. However, it is made clear that the procedure contemplated under Section 340 Cr.P.C. has to be followed for registering the prima facie case is made out or not. 8. The Criminal Petition is accordingly dismissed.