- (1.) The prospective accused /applicant has approached this Court, in proceedings under Section 482 Cr.P.C., assailing order dated 31 February 2015 passed by the Revisional Court /Additional Sessions Judge, Court No. 1 Bareilly, in Criminal Revision No. 22 of 2015 (Mahesh Tiwari vs. State of U.P. and others) affirming summoning order dated 17 December 2014 passed by the Judicial Magistrate-1 Anwla, Bareilly in complaint case no. 743 of 2014 for an offence under Section 193 IPC.
(2.) The facts, briefly is, that the applicant instituted a suit for permanent injunction against the complainant/opposite party no. 2 being suit no. 94 of 2013 (Sri Subhash Inter College, Anwla through its Manager, Mahesh Tiwari, Advocate vs. Smt. Ruchi Saxena and others). The plaint was duly supported by an affidavit sworn by the applicant which was stated to be true to personal knowledge. In paragraph 16 of the affidavit filed in support of the plaint, it was averred that the cause of action for instituting the suit arose on 26 July 2013 when the opposite party no. 2/complainant threatened the principal of the college to remove the wall, however, in the event of failure, it was alleged that the wall would be removed by using force.
(3.) Aggrieved by the assertion, which according to the complainant, was false for the reason that the complainant was abroad (USA) from 18 May 2013 until 10 September 2013. The complainant, therefore, filed an application under Section 340 Cr.P.C. for initiating proceedings for perjury, which was rejected by the civil court by order dated 18 November 2013 for the reason that the alleged affidavit was prepared and sworn out side the court and thereafter filed in the court, therefore, the proceedings in terms of Section 340 Cr.P.C. would be impermissible.;