JOSE JOHN Vs. K C KURUVILA

JUDGEMENT

(1.) Petitioner in Crl. M. C. 1847 of 1995 and. the petitioner in Crl. M. C. 2161 of 1995 respectively are the 4th and 1st counter-petitioners in C.M.P. No. 8 of 1995 on the file of the Judicial First Class Magistrate, Ramankari. The above said C.M.P. was filed before the learned Magistrate by the 1st respondent under Sections 195 and 340, Crl. P.C. against the petitioners and respondents 2 to 4. The said petition was filed with a prayer to initiate proceedings against the petitioners and respondents 2 to 4 for offences under Sections 193, 196, 211, 219, 220 and 120-B read with Sections 109, 34 and 500, I.P.C. The said petition is filed as annexure-II in the above Crl. M.Cs. The allegation in the said petition is that at the instance of the petitioner in Crl. M. C. 2161 of 1995, who was the then Asst. Supdt. of Police, Alappuzha, a false complaint was laid by the petitioner in Crl. M. C. 1847 of 1995 and respondents 3 and 4 mere made to register a crime in Crime No. 105 of 1995 on the file of Ramankari Police Station on 14-9-1990. It is said that after investigation by Crime Branch C.I.D., the above said crime was later referred as false on 31-3-1992 and the Court accepted the report of the Crime Branch C.I.D. on 15-4-1992.

(2.) On the petition filed by the 1st respondent the Judicial First Class Magistrate numbered it as C.M.P. 8 of 1995 and ordered Annexure-I notice to the petitioners as well as to respondents 2 to 4 and the said notice reads as follows :"Take notice that an application has been presented/made. Inquiry will be held under Section 340, Criminal Procedure Code, to determine whether a complaint should not be laid against you for an offence punishable under Sections 193, 196, 211, 219, 220, 120-B, 109 and 34 of I.P.C., and that the said application will be heard by the Court at 11 a.m. on the 18th day of July 1995. You are at liberty to show cause why such complaint should not be made."The above said proceedings are now being sought to be quashed by the petitioners.

(3.) It is not in dispute that the notice under Annexure-I was issued to the petitioners, for the purpose of initiating proceedings under Section 340, Crl. P.C. Section 340 occurs in Chapter XXVI under the heading "Provisions as to offence affecting the administration of justice." Section 340, Crl. P.C. deals with the procedure to be adopted in respect of offences affecting administration of justice. Section 340, Crl. P.C. reads as follows :