K RAJAGOPALA RAO Vs. P RADHAKRISHNA MURTHY

JUDGEMENT

(1.) Heard the learned counsel for the parties. Since the controversy involved is very short, the revision petition is being disposed of at this stage with the concession of the learned counsel for the parties.

(2.) It appears that the petitioner moved an application under Section 340 of the Code of Criminal Procedure (for short 'the Code') seeking prosecution of the respondent on the ground that he had fabricated a document in a proceeding which was pending before the I Addl. Junior Civil Judge, Vijayawada. Surprisingly the trial court in its order stated, "At the outset this petition is not maintainable u/s. 340 Cr.P.C.. because Criminal Procedure Code is not applicable in the civil proceedings. Any how. I am considering thisjpetition u/s 151.CPC but the point arose for my consideration is whether the petitioner is entitled for the relief?" It is settled law that Section 340 of the Code is applicable to all proceedings in all Courts irrespective of the fact whether the matter in a Court in which allegedly an offence mentioned in Section 195 of the Code was committed, was a criminal case or civil case. Even Section 340 of the Code is applicable to the Revenue Courts. Section 340 is reproduced;

(3.) The learned counsel for the respondent, however, submits that although the trial court has committed a mistake by holding that Section 340 of the Code was not applicable, but it has even otherwise considered the application on merits and dismissed. He refers to para 6 of the trial Court's order. I have gone through the order of the trial court, but this is not a compliance of Section 340 of the Code which contemplates an enquiry before coming to a conclusion. Admittedly the learned Judge was labouring under a wrong impression that Section 340 of the Code was not applicable, therefore that was the primary reason for dismissing the application.