1. This writ petition is filed by the petitioner seeking for a Writ of Mandamus directing respondent Nos.1 to 4 to initiate appropriate action against respondent No.5 for committing the offence of perjury by giving false statements in writing before various Courts.

2. The grievance of the petitioner is that respondent No.5 has given false evidence in different proceedings before various Courts, which are shown in para-9 of the affidavit filed in support of the writ petition. Briefly, the relief sought by the petitioner is for a direction to respondent Nos.1 to 4 to initiate appropriate action against respondent No.5 for committing the offence of perjury by giving false statements in writing before various Courts.

3. Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader for Medical and Health appearing for respondent Nos.1 to 4 and the learned counsel appearing for respondent No.5. Perused the material on record.

4. The main question that falls for consideration in this writ petition is, whether the petitioner can maintain a writ petition seeking a direction to the official respondent Nos.1 to 4 to initiate appropriate action against unofficial respondent No.5 for the alleged offence of perjury committed by her.

5. The proceedings governing the offence of ‘Perjury’ is defined under Section 195 Cr.P.C., which reads as under:

“195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

(1) No Court shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or

(ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

(2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.

(3) In clause (b) of sub-section (1), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.

(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court in situate:

Provided that -

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction