Point of law: There is no room for any doubt to come to a conclusion that once offences under Section 193 to 196, 199, 200, 205 to 211, 228 IPC is alleged to have been committed in or in relation to any proceeding in any Court the bar under Section 195(1)(b)(i) Cr.P.C will be attracted.

ORDER :

1. This Crl.MC has been filed against the order of Judicial First Class Magistrate Court, Chalakudy in Crl.M.P.2940/2021 dated 8.7.2021 by which the Magistrate refused to make reference under section 156(3) CrPc for investigation to police with respect to offences punishable under sections 192, 195 and 211 of Indian Penal Code (45 of 1860).

2. Petitioner is the complainant in Crl.M.P.2940/2021. The complaint was filed under Section 190(1)(a) of Cr.P.C to take cognizance of the offences alleged to have been committed by the respondents in the above said Criminal MP (copy of which is produced as Annexure a) under Sections 192, 195, 211, 465, 469, 120B r/w Section 34 IPC. It is alleged that the petitioner was a trustee of the newly formed religious congregation in the name and style Emperor Emanuel Church 'Zion' situated at Muriyad in Thrissur District. On account of the differences of opinion with the first respondent in the complaint , who is in control over the members as well as the devotees ,complainant was forced to leave the congregation and resign from the trusteeship and re-join the original Parental congregation namely the Catholic church. A lot of other families who joined the allegiance to this new congregation also left and came back to Catholic church. Being annoyed by the consequences on account of the withdrawal of the complainant and the other family members from the Emperor Emanuel Church 'Zion', the respondents started retaliatory measures against the petitioner and many of the earlier trustees. A complaint was filed against a former trustee by name Johnson in the year 2021 for the offences punishable under Sections 376, 451 and 506 IPC alleging about an offence which is said to have happened during 2016. 8th respondent in Annexure (a) complaint convened press meeting and made several and serious allegations against the petitioner. Petitioner alleged to have secured the audio and video clippings and telephonic conversations of the persons involved in this controversy relating to rape alleged to have taken place during the 7th month of 2016. According to the petitioner, these audio video tapes and the Malayalam translations would substantiate the contention of the petitioner that the entire acts were part of conspiracy hatched between the respondents and it was done at the instance of the first respondent in Annexure-(a) who is all in all in the congregation. The acts of the respondents in Annexure-(a) are punishable under Sections 192, 195, 211, 465, 469, 120B r/w 34 IPC. A private complaint Annexure-(a) was filed before the Magistrate which is numbered as Crl.M.P.2940/2021 requesting the Court to take cognizance of the offence. But the Magistrate as per the impugned order forwarded the complaint to SHO, Aloor police station directing to register the crime against the respondents excluding the offences punishable under Sections 192, 195 and 211 IPC. Aggrieved by the same, the petitioner came up before this Court.

3. The learned counsel would contend that the Magistrate has not stated any reasons for not directing police to investigate the offence punishable under Sections 192, 195 and 211 IPC. The bar under Section 195 (1)(b)(i) and 195(1)(b)(ii) r/w 340 CrPc also would not apply since there is no allegation in the complaint that any offences alleged to have been committed in relation to any proceeding in any court or with respect to any document produced in any court. The learned counsel relies on Iqbal Singh Marwah v. Meenakshi Marwah (2005 (4) SCC 370) and also Bandekar Brothers Pvt. Ltd. v. Prasad Vassudev Meni etc (AIR 2020 SC 4247). Hence he sought for a direction to the Magistrate to refer Annexure-(a) complaint to Aloor police station directing to register crime against the accused persons for offences punishable under Sections 192, 195 and 211 IPC also.

4. Notice was issued to the respondent. Respondent appeared through the learned Public Prosecutor. Heard both sides.

5. At the outset it is cont