JAGDISH PRASAD Vs. STATE

JUDGEMENT

(1.) - This petition under Section 482 of the Code of the Criminal Procedure (CrPC) is directed against an order dated 22nd February 2008 passed by the learned Additional Sessions Judge (ASJ) Delhi allowing Crl.A.No. 18 of 2005 filed by the Respondent No. 2 against an order dated 9th September 2005 passed by the learned Metropolitan Magistrate (MM) Delhi in an application filed by the Petitioner herein under Section 340 CrPC. By the said order dated 9th September 2005, the learned MM came to the prima facie conclusion that Respondent No. 2 had committed an offence under Section 193 of the Indian Penal Code (IPC) and ought to be prosecuted for the same. The learned ASJ has, in the Crl.M.C.1130/08 Page OF 11 impugned order, set aside the order dated 9th September 2005 on the ground that the learned MM had not determined if it was expedient in the interests of justice that an inquiry should be held for ascertaining whether the Respondent No. 2 should be prosecuted for the offence under Section 193 IPC.

(2.) The brief facts leading to the filing of the present petition are that Respondent No. 2 wife filed an application under Section 125 CrPC seeking maintenance from the Petitioner husband for herself and the minor female child. In her petition she stated in Para 15 that she was

(3.) Consequent upon the above replies in cross examination, the Petitioner filed an application under Section 340 CrPC seeking the prosecution of the Petitioner for committing perjury punishable under Section 193 CrPC.