ASHOK KUMAR Vs. SHARDA KADAN

JUDGEMENT

(1.) Sharda Kadan - respondent No. 1 herein filed Crl. Misc. No. M- 1860 of 2009 against six respondents including Ashok Kumar - petitioner herein as respondent No. 4 in the said petition. The said petition was filed through Mr. Vikram Singh, Advocate and Mr. Rakesh Gupta, Advocate (arrayed as respondents No. 2 and 3 herein). It was asserted in the said petition that the petitioner Sharda Kadan (respondent No. 1 herein) has not filed any such or similar petition earlier either in this Court or in the Hon'ble Supreme Court of India. Affidavit of petitioner Sharda Kadan to this effect was also filed with the said petition.

(2.) Ashok Kumar has filed the instant petition under Section 340 of the Code of Criminal Procedure (in short - Cr.P.C.) alleging that Sharda Kadan had earlier filed Crl. Misc. No. M-34361 of 2008, which was dismissed on 24.12.2008 and thereafter filed similar Crl. Misc. No. M-1860 of 2009 on 20.01.2009 falsely stating that no such or similar petition had earlier been filed in this Court. Accordingly, in the instant petition, Ashok Kumar has sought launching of criminal proceedings against respondents Sharda Kadan, Vikram Singh - Advocate and Rakesh Gupta - Advocate for offences under Sections 193, 120-B and 471 of the Indian Penal Code (in short - IPC).

(3.) The instant petition under Section 340 Cr.P.C. has been opposed by the respondents. Respondent No. 1 Sharda Kadan has alleged that instant petition under Section 340 Cr.P.C. is not maintainable as it does not disclose any offence mentioned in Section 195 (1) (b) (i) Cr.P.C. However, it was admitted that Sharda Kadan - respondent No. 1 herein had earlier filed Crl. Misc. No. M-34361 of 2008, which was dismissed on 24.12.2008 and then filed similar petition bearing Crl. Misc. No. M-1860 of 2009, which was, however, withdrawn on 21.01.2009 and there was no attempt to mislead the Court.