Under S.195(1)(b) of the Code of Criminal Procedure, if any offence, including the one punishable under S.199 of the Indian Penal Code, is alleged to be committed in, or in relation to, any proceedings in any court, the competent Magistrate can take cognizance only on the complaint in writing of I hat court or of any other court, to which that court is subordinate. An offence under S.199 of the Penal Code involves any statements in any declaration made or subscribed, which is false and which the maker knows or believes to be false or does not believe to be true, touching any point material to the object, for which declaration is made or used and which declaration any court of justice or any public servant or other person is bound or authorised by law to receive as evidence of any fact. A declaration, which satisfies these conditions, made in an affidavit filed before court may attract an offence punishable under S.199 of the Penal Code.

2. When such an offence is committed, in or in relation to any proceeding in any court, court cannot straight away file a complaint. Court can take action either suo motu or on an application made to it. But, before proceeding suo motu or