JANAKI YERRAMALLI Vs. SHALINI MUNDRA

JUDGEMENT

(1.) BOTH the above Criminal Original Petitions have been filed under Section 482 of the Code of Criminal Procedure, the first one in Crl. O. P. No. 35909 of 2004 praying to issue a direction to the X Assistant City Civil Judge, Chennai to examine P. W. 1 further and further to cross-examine R. Ws. 1 and 2 and to mark certain documents in the enquiry in I. A. No. 14332 of 2004 in Caveat Petition No. 1070 of 2004 by setting aside the common order dated 15. 10. 2004 made in I. A. No. 17356 of 2004.

(2.) CRL. O. P. NO. 35910 of 2004 has also been filed by the same petitioner under Section 482 of the Code of Criminal Procedure praying to set aside the common order and to re-open the enquiry in I. A. No. 17355 of 2004 in I. A. No. 14332 of 2004 in Caveat Petition No. 1070 of 2004 dated 15. 10. 2004 passed by the X Assistant City Civil Judge, Chennai.

(3.) ON a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the respondent herein has filed a Caveat Petition No. 1070 of 2004 before the Court of X Assistant Judge, City Civil Court, Chennai as against the petitioner; that thereafter, the petitioner has filed a petition in I. A. No. 14332 of 2004 under Section 195 of the Code of Criminal Procedure praying to accord sanction and permit her to initiate criminal proceedings and prosecute the same against the respondent under Sections 177 (furnishing false information), 181 (false statement on oath or affirmation to public servant or person authorised to adminsiter an oath or affirmation) and 205 I. P. C (false personation for purpose of act or proceeding in suit or prosecution) before the appropriate Court of criminal jurisdiction on averments such as that the respondent has deliberately mis-described the petitioner as 'janaki Yerramalli' while in fact she knows the petitioner as Janaki alone with a sinister motive and purpose as the petitioner is a practising Advocate in the Courts at Madras; that the respondent organisation is a charitable organisation with public purpose formulated by female and with avowed object of helping the needy public in various ways; that the petitioner is the President of the Trust and the Secretary of the Trust is one Reshmi Jalan and besides them there are other members belonging to the governing body of the Trust; that due to some misunderstanding between the members of the Trust in conducting the Trust affairs and handling finance, the petitioner had to question the members regarding the misconduct and the misdirected way in which the Trust was carried on as a result of which enmity developed between them and the said Rashmi Jalan; that some of the members did not like the petitioner questioning the conduct; that fearing that the petitioner may move Civil Court for necessary relief in setting right the Trust affairs, the said Rashmi Jalan had set up the respondent to file and lodge a caveat before the Court below by taking pre-conceived notice in the expected proceedings and there was exchange of notice also.