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Upon discovery of the said fact, the petitioner filed a suit for nullity of marriage being MAT Suit No.42 of 2016 presently pending before the learned Additional District Judge, 5 th Court at Alipore, South 24 Parganas.

The respondent in turn filed an application for maintenance before the learned Additional District Judge at South 24 Parganas in Matrimonial Suit No.42 of 2016 in which she made false and fabricated statement and allegations of criminal nature by swearing affidavit against the petitioner and his old parents which compelled the petitioner to file an application under Section 340 of the Code of Criminal Procedure for prosecuting the respondent under Section 193 of the Indian Penal Code for knowingly making false statement in Court proceeding. The said application under Section 340 of the Code of Criminal Procedure was rejected.

The respondent also filed an application under Section 125 of the Code of Criminal Procedure before the learned Judicial Magistrate, 2nd Court at Barrackpore with false, fabricated and contradictory statement and allegations against the petitioner and her parents which itself is chargeable for making false statement on affidavit before the Court and for false evidence under Section 191 of the Indian Penal Code and punishable under Section 193 of Indian Penal Code. The petitioner filed an application under Section 340 of the Code of Criminal Procedure praying for drawing up prosecution under Section 193 of the Indian Penal Code against the respondent. The said application was however, rejected by the learned trial Court vide an order dated 1st August, 2018. Against the said order the petitioner filed an appeal being CRA No. 452 of 2016 under Section 341 of the Code of Criminal Procedure before this Court and the said appeal is still pending.

It is submitted by the petitioner that unless the proceeding being Misc. Case No. 515 of 2016 under Section 125 of the Code of Criminal Procedure is not rejected for committing perjury under Section 340 of the Code of Criminal Procedure and another proceeding in Misc. Case No. 515 of 2016 be quashed, the petitioner will suffer irreparable loss and injury. It is also submitted by the petitioner that the entire proceeding in Misc. Case No. 515 of 2016 being filed on assertion of false and fabricated statement is abusive of the process of Court and the said proceeding should be quashed to secure the ends of justice.

Learned advocate for the petitioner first draws my attention to Section 195 of the Code of Criminal Procedure. Section 195 deals with the prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. The object of Section 195(1)

(b) is that it is the Court before which an offence is alleged to have been committed in respect of a document produced in a proceeding before it which should file or caused to be filed a complaint and not a private party. Commission of perjury in respect of a document produced or given in evidence in a proceeding in any Court committed prior to filing of that application before Court creates a bar under Section 195 (1)(b)(ii) of the Code of Criminal Procedure that no Court shall take cognizance of any such offence on the complaint in writing of the Court concerned was not attracted to this case. Criminal complaint under Section 193 for false statement made by the respondent is cognizable by the Court under Section 195 only when the allegation of false and fabricated statement and perjury created by the respondent is proved on the basis of evidence on record during trial of the case.