AKENA BRAHMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused to quash the FIR No. 72 of 2011 on the file of Parchur Police Station, Prakasam District, registered for the offences punishable under Sections 190, 191, 193, 196 and 200 IPC, arising out of a private complaint in CFR No. 2513 of 2011 on the file of the Court of Additional Munsif Magistrate, Parchur, Prakasam District. The allegations levelled by 2nd respondent/de facto complainant, against the petitioner are pertaining to his statements given on oath in MC No. 18 of 2007 on the file of the Court of Additional Munsif Magistrate, Parchur, Prakasam District in OS No. 36 of 2004. Therefore, having regard to the nature of Sections 190, 191, 193, 196 and 200 IPC alleging which the said private complaint was filed and that respective Courts themselves have to proceed against the petitioner, in view of bar under Section 195 Cr.P.C.

(2.) The 2nd respondent filed complaint before the Judicial First Class Magistrate, Parchur and same was referred for investigation, to Police, who registered a case for the offences punishable under Sections 190, 191, 193, 196 and 200 IPC. Insofar as Section 190 IPC is concerned, it deals with the threat of injury to induce person to refrain from applying for protection to public servant. Section 190 IPC has no application to the facts and circumstances of the present case because the allegation is that the petitioner gave false evidence in OS No. 36 of 2004 and HMOP No. 258 of 2004 on the file of the Family Court, Vijayawada.

(3.) Insofar as Section 191 IPC is concerned, it is only states the meaning of false evidence. Section 191 IPC by itself is not an offence and no sentence can be prescribed under Section 191 IPC.