JUDGMENT :

The petitioner filed an application under Section 340 (1) of the Code of Criminal Procedure, 1973 (for short 'the Code') in the Court of the Judicial First Class Magistrate-II, Thiruvananthapuram for initiating prosecution against the first respondent by instituting a complaint for committing an offence punishable under Section 193 of the Indian Penal Code (IPC).

2. Ext.P1 is the copy of the application filed by the petitioner under Section 340 (1) of the Code. The crux of the allegations in this application is that the first respondent, while giving statement before the Judicial First Class Magistrate-II, Thiruvananthapuram under Section 164(5) of the Code, in the course of investigation of the case which was registered as VC-No.6/2014/SIU-1 by the Vigilance and Anti-corruption Bureau (VACB), made false statement on oath and he voluntarily produced a mobile phone and an edited compact disc before the learned Magistrate. It is alleged that the compact disc produced by the first respondent before the learned Magistrate contained record of the conversations contained in the mobile phone and that such recorded conversations had been edited.

3. As per Ext.P2 order, the court be