JUDGMENT :

K rishna Rao, J.

1. The applicant, “Parsi Zoroastrian Association, Calcutta” has filed the present application for initiation of proceeding under Section 340 of the Code of Criminal Procedure against the plaintiffs for commission of offence under Section 193/209 of the Indian Panel Code.

2. Mr. Phiroze Edulji, learned Advocate representing the applicant submits that the applicant had initially filed an application being G.A. No. 8 of 2023 praying for dismissal of the suit as the plaintiff has not taken any steps for recording the death of defendant No.1 and substitution of the legal heirs of the defendant no.1.

3. Mr. Phiroze Edulji submits that after receipt of the copy of G.A. 8 of 2023, the plaintiffs have filed an application being G.A. No.9 of 2023 for recording the death of defendant no.1 and substitution of the legal heirs of the defendant No.1.

4. Mr. Edulji submits that the plaintiffs have also filed affidavit in opposition in connection with G.A. No. 8 of 2023 in which the plaintiffs have made false and misleading claim in paragraph 3 (xi) which reads as follows :

“The plaintiffs have made inquiries after receiving the said petition and ascertained that the defendant