- (1.) The plaintiff-petitioner has prayed for conducting an enquiry for formation of opinion that the respondent no.1 has committed prima facie offence punishable under Sections 193, 194, 196, 199 and 200 of the Indian Penal Code and to give direction for filing petition of complaint before the Court of competent Judicial Magistrate in compliance with the provision 195(1)(b) of the Code of Criminal Procedure. Mr. Mitra, learned Counsel for the petitioner submits that the petitioner has prayed for initiating the proceedings under Section 340 of the code of criminal procedure against the respondent no.1 who made false statement on oath regarding driving of the vehicle by the attesting witness who was examined on commission. Mr. Mitra further submits that the said attesting witness has already been examined and cross examined on commission and the Commissioner has already submitted a report before this Court.
(2.) In view of such submissions, there is no need to proceed against the respondent no.1 under Section 340 of the Code of Criminal Procedure at this stage. Hearing of the probate proceedings has progressed to a considerable extent and there is a possibility of disposal of the probate proceedings within a reasonable period of time. Accordingly GA No.1750 of 2016 will be taken up for hearing after disposal of the probate proceedings. The petitioner is at liberty to mention about the hearing of this GA No.1750 of 2016 with notice to the other side after disposal of the probate proceedings. Liberty is given to the learned Counsel of either of the parties to the probate proceedings. List probate proceedings on September 15, 2016 under the heading "Framing of Issues". The parties are at liberty to file the suggested issued on that date.;