J U D G M E N T

The order under challenge in this Original Petition (Civil) is the one rendered as per Ext.P-7 dated 8.6.2017 on I.A.No.288/2017 in O.S.No. 3/2015 by the trial court (Court of Subordinate Judge, Hosdurg), whereby the plea made by the petitioner/ applicant/plaintiff that the alleged false Ext.P-2 document should be subject matter of Sec.340 inquiry has been repelled by the court below.

2. Heard Sri.M.Ramesh Chander, learned Senior Counsel instructed by Sri.Balu Tom Cheruvally, learned counsel appearing for the petitioner and Smt.Hemalatha, learned counsel appearing for the respondents.

3. The petitioner is the plaintiff in O.S.No.3/2015 seeking realization of damages for defamation due to publication of a notice by the respondents herein and during the course of the inquiry, in attachment application I.A.No.80/2015, the respondents have produced an agreement dated 20.9.2014 (Ext.B-2) and the petitioner has alleged that Ext.B-2 is a forged document and that the respondents herein have committed forgery and that they have used it as a genuine document before the court and have committed offence punishable under Secs.465 and 471 of the I.P.C. and that preliminary inquiry i