JUDGMENT :

BIBEK CHAUDHURI, J.

1. CRA 687 of 2017 is an appeal under Section 341 of the Code of Criminal Procedure assailing an order dated 27th October, 2017 passed by the learned Additional District Judge, 1st Court at Alipore in Perjury Case No. Misc 26 of 2016. The learned Additional District Judge, 1st Court at Alipore summarily rejected the application filed by the appellant/petitioner under Section 340 of the Cr.P.C read with Section 195(1)(b) of the IPC ignoring the guidelines given by this Court in its order dated 12th October, 2017 in CRR No.3384 of 2017.

2. CRR 452 of 2018 is an appeal against the order dated 1st August, 2018 passed by the learned Judicial Magistrate, 2nd Court at Barrackpore in M Case No.515 of 2016 under Section 125 of the Cr.P.C rejecting an application under Section 340 of the Cr.P.C filed by the appellant herein and thereby refusing to take cognizance of commission of offence under Section 193 of the IPC.

3. CRR 341 of 2019 is a revision under Section 397 read with Section 482 of the Cr.P.C assailing an order dated 18th December, 2018 passed by the learned Additional Chief Judicial Magistrate at Alipore rejecting an application filed by the petitioner under Section 239 of the Cr.P.C.

4. The Above mentioned two appeals and the revision were heard together by this Court and this Court disposes of above numbered two appeals and the revision by a common and composite order as follows:-

5. At the outset, it is required to state brief outline of the incidents which put the party’s series of litigations.

6. Subham Roy Choudhury and Sreejoyee Chakraborty are legally married husband and wife. It is not in dispute that their marriage was solemnized on 22nd February, 2016. After five days of marriage the respondent/wife went back to her paternal home for some medical tests. The appellant and his family members came to know subsequently that the respondent has been suffering from Relapsed ITP Post Splenectomy (advance stage of cancer) for nine years prior to marriage. When the appellant came to know about the said fact, he filed a suit for annulment of marriage in the court of the learned District Judge at Alipore which was registered as Mat Suit No.42 of 2016. The said suit is pending before the learned Additional District Judge, 5th Court at Alipore, South 24 Parganas.

7. The respondent/wife made her appearance in the said matrimonial suit and filed an application claiming alimony pendente lite which was registered as Misc Case No.21 of 2016. It is contended by the appellant that the said application was filed making false and fabricated statement and allegations of criminal nature against the appellant and his old parents on affidavit. According to the appellant filing of the said application on affidavit containing false and frivolous allegations against the appellant and his parents amount to offence under Section 191 of the IPC punishable under Section 193 of the IPC. Accordingly the appellant filed an application in the trial court under Section 340 of the Cr.P.C. The said application was registered as Misc Case No.26 of 2016. It was contended by the appellant that the petition for alimony pendente lite contained deliberate and conscious false statement. Secondly, such statements were made by the respondent for wrongful gain causing wrongful loss to the appellant and her parents and the allegations being criminal in nature, the trial court ought to have proceeded to hear out Misc Case No.26 of 2016 in accordance with the provision under Section 340 of the Cr.P.C.

8. The above named appellant has filed CRA No.452 of 2018 under Section 341 of the Cr.P.C assailing the order dated 1st August, 2018 passed by the learned Judicial Magistrate, 2nd Court at Barrackpore in M Case No.515 of 2016 under Section 125 of the Cr.P.C thereby rejecting the another application under Section 340 of the Cr.P.C filed by the appellant.

9. In the memorandum of appeal it is stated by the appellant that the respondent herein filed an