K. AMARESH Vs. K. VITTOBHA

JUDGEMENT

(1.) In this petition under Section 482 of Cr.P.C., the petitioner has made a following prayer:

(2.) Even though the office has not raised an objection with regard to maintainability of the petition, this Court while hearing the learned counsel for the petitioner, raised a doubt whether at all a petition would be maintainable under Section 482 of Cr.P.C.

(3.) Brief facts which necessary for disposal of this petitioner are as under: Petitioner herein filed a original suit in O.S.No.106/2011 on the file of II Additional Civil Judge and JMFC-IV, Raichur against APMC, Raichur and others for the relief of declaration that allotment of plots in Rajendra Gunj Market Yard, Raichur is illegal. Inter-alia, an application was filed under Section 340 of Cr.P.C. vide I.A.No.XI to initiate criminal proceedings against the first respondent - K. Vittobha S/o. K. Urukundayya as he has intentionally given a false evidence before the trial Court. The said application was contested by the first respondent and the learned trial judge after hearing the parties, dismissed the application by order dated 17.07.2018. Being aggrieved by the same, the petitioner is before this Court seeking quashing of the said order and allowing the petition.