Shiva Kirti Singh, J.

1. In this application filed under Sec. 482 of Code of Criminal Procedure, the petitioner is an Assistant Settlement Officer in the Department of Revenue, Government of Bihar, who seeks quashing of the entire criminal proceeding against him in Complaint Case No. 509 (C) of 1998 pending before a Judicial Magistrate, 1st Class, at Patna and also of the order dated 23-7-1998 by which learned Judicial Magistrate has taken cognizance against the petitioner under Sec. 500 of the Indian Penal Code.

2. The complainant, opposite party No. 2, in this case is also an officer in the service of Government of Bihar, presently posted as Sub-Divisional Officer. The complaint filed by opposite party No. 2 discloses that at the relevant time he was Assistant Settlement Officer, Headquarters, Patna and the two accused-persons including this petitioner swore false affidavit on 10-12-1997 containing defamatory statements against the complainant and used the same for defaming and damaging the career of the complainant. A number of facts connected with the contents of those affidavits have been given out in the complaint petition to demonstrate that the affidavits contain fa