Point of Law: Section 195(1) of Cr.P.C. provides No Court shall take cognizance- (a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of Indian Penal Code, 1860.

ORDER :

This is a petition filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A and Annexure-H orders. The petitioner herein is the accused in C.C.No.67 of 2015 pending before the Judicial First Class Magistrate Court-II, Peerumedu.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. In this matter, the petitioner herein, who was authorised by the Managing Director of KLD Board, a Government of Kerala undertaking, to give evidence before the Munsiff Court in connection with O.S.No.65 of 2011, a suit filed by Sri.Sankarapandy against the KLD Board and MM Board alleged to have given false evidence, on the premise that, during his cross-examination, when a question was put as to lodging of police complaint and sighting of the place/property during the visit of the police to prepare the mahazar, he answered in the negative, though records showed otherwise. Alleging that the petitioner herein had given false evidence and committed the offence of perjury, Sri.Sankarapandy, the plaintiff in O.S.No.67 of 2011 on the file of the Munsiff Court, Peerumedu, against whom the KLD Board alleged encroachment of Government land, lodged complaint, I.A.No.1002 of 2014 under Section 340 read with Section 195 of Cr.P.C. alleging commission of offence punishable under Section 193 of Indian Penal Code.

4. Thereafter, the learned Munsiff passed Annexure-B order in I.A.No.1002 of 2014 dated 20.12.2014 and thereafter, passed Annexure-H order on 08.01.2015 in the same petition. As per Annexure-H order, the learned Munsiff observed that since Munsiff, Peerumedu and the Judicial First Class Magistrate Court-I, Peerumedu are one and the same person, it was proper to send the case to the Judicial First Class Magistrate Court-II, Peeerumedu to proceed further. On receipt of Annexure-H order, the learned Magistrate passed Annexure-I order and thereby, took cognizance for the offence punishable under Section 193 of IPC against the petitioner.

5. The learned counsel for the petitioner argued that, while passing Annexure-H order, the learned Munsiff failed to conduct the mandatory inquiry provided under Section 340 of Cr.P.C. Therefore, the entire proceedings in Annexure-B and H as well as Annexure-I whereby, the learned Magistrate proceeded further are unsustainable in the eye of law. Accordingly, the learned counsel pressed for quashment of the said proceedings.

6. In view of this argument, it is relevant to refer Section 340 of Cr.P.C. and the same is as under:

“340. Procedure in cases mentioned in section 195.

(1) When, upon an application made to it in this behalf or otherwise, any court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary-

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a court by sub-section (1) in respect to an offence may, in any case where that court has neither made a complaint, under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.

(3) A complaint made under this section shall be signed-

(a) where the court making