ROSILY GEORGE Vs. PRATIBHA KUMAR

JUDGEMENT

(1.) This petition has been preferred under section 340 of the Code of the Criminal Procedure, 1973 (in short Cr.P.C) seeking relief to issue directions to prosecute the non-applicant for offence of perjury and offences under section 193, 199 of Indian Penal Code (in short I.P.C) for filing false affidavit and making false avernment on oath.

(2.) Vide order dated 18/10/2011, learned Single Bench dismissed W.P No. 17679/2011 that has been challenged in W.A No. 1101/2011. During the course of hearing of the aforesaid W.A on 06/02/2012, State was directed to procure call details of Shri M.K. Mishra (respondent in W.A) since 2008 till February, 2011. On 27/03/2012 in aforesaid W.A, the Superintendent of Police was directed to procure call details of Telephone No. (0761) 262573, 4037842 and of Cell No.9229489553 of last 3 years, both incoming and outgoing and further directed to file his own affidavit to show compliance of the order dated 06/02/2012.

(3.) In compliance of court order dated 06/02/2012, petitioner also submitted affidavit Annexure A/2, which was signed and verified on 13th March, 2012. In para 4 of the same wild allegations have been made on the character of the respondent.