M JANARDHANAN Vs. SMITA AMBALAL PATEL

JUDGEMENT

(1.) HEARD Shri Thakur for the applicant and the respondent in person.

(2.) THIS application has been filed with a prayer that "this Hon'ble Court be pleased to conduct an enquiry under Section 340 of the Code of Criminal Procedure, 1973, against the Respondent for having committed an offence of intentionally giving false evidence knowing to be false to her own knowledge, in a judicial proceedings, and after recording the findings, the respondent be dealt according to law."

(3.) ON the basis of the above observations, the present application has been filed. It has been stated in para 2 of the present application that the respondent, in the midst of the arguments, intentionally made a false and frivolous allegations against the applicant. The respondent was appearing in person before the Division Bench of A.C.Agarwal and Chandrashekhara Das, JJ on 18th October, 1996 when the above quoted order was passed. In para 4 of the present application, it has been stated that the respondent had intentionally made the wild allegations against the applicant which allegations were absolutely false to her knowledge and the respondent had made herself liable for the offence of intentionally giving false evidence knowing it to be false to her own knowledge in the judicial proceedings and punishable under section 193 of I.P.C., 1860. Shri Thakur, the learned Counsel, appearing for the applicant specifically reiterated the contentions raised in para 4 of the application which are as under: "The petitioner states that the Respondent had intentionally made the wild allegations against the petitioner in the open Court which is absolutely false and also false to her own knowledge, in a judicial proceedings before this Hon'ble Court and made herself liable for the offence of intentionally giving false evidence knowing it to be false to her own knowledge in a judicial proceedings and punishable under section 193 of Indian Penal Code, 1860."