KANWALJIT SINGH AHLUWALIA,J. - (1.) Present petition has been filed under Section 482 Cr.P.C., 1973 praying that the order dated 29.1.2018 passed the court of Chief Metropolitan Magistrate, Jaipur Metropolitan in FIR No.3/2017, registered at Police Station CID (SOG), Jaipur, whereby the said court has taken cognizance against the petitioner for offences under Sections 193, 195, 196, 420, 465, 468, 471, 474, 384, 388, 389, 120B IPC, be set aside.
(2.) Learned counsel for the petitioner has relied upon the order passed by this court in Shivani Verma v. State of Rajasthan and Anr., S.B. Criminal Misc. Petition No.4362/2017, decided on 13.07.2018. The order passed by this court in the case of Shivani Verma (supra), reads as under:- "Present petition has been filed under Section 482 Cr.P.C., 1973 to assail the order dated 18.5.2017 passed by the Court of Chief Metropolitan Magistrate, Jaipur Metropolitan in Criminal Case No.1438/2017, whereby cognizance for offences under Sections 193, 195, 196, 384, 388, 389, 420, 465, 467, 468, 471, 120B and 34 IPC was taken against the accused-petitioner. Briefly stated, the petitioner herein Shivani Verma allegedly impersonating as Radha Sharma, had filed a complaint for offence under Section 376 IPC against one Navratan Singh Rathore, respondent No.2. It is stated that petitioner, after affecting compromise, withdrew criminal complaint filed by her from the Court of Metropolitan Magistrate No.8, Jaipur Metropolitan. Admittedly, no statement of the petitioner was recorded in the complaint fled by her purportedly as Radha Sharma. Section 193 IPC specifically prescribe punishment for giving false evidence. Admittedly, petitioner has deposed in any criminal court of law. Section 196 IPC prescribe punishment for giving evidence which is believed to be false. Admittedly, petitioner had given any evidence in any criminal proceedings. After perusal of prosecution case, offence, if any, against the petitioner will fall under Section 211 IPC which specifically state that whoever with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person or falsely charges any person, commits offence under Section 211 IPC. Chapter-XI of Indian Penal Code deal with offences of giving false evidence and offences against public justice. Section 195 Cr.P.C., 1973 reads as under:- "195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.-(1) No Court shall take cognizance- (a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, (45 of 1860), or (ii) of any abetment of, or attempt to commit, such offence, or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate; (b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in subclause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. (2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded. (3) In clause (b) of sub-section (1), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section. (4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate: Provided that- (a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; (b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed." As per Section 195 Cr.P.C., 1973 for prosecution of any accused for offences under Sections 193 to 196, 199, 200, 205 to 211 IPC, complaint is to be filed only by the concerned court in which either false evidence is given or before whom any complaint was filed. In the present case, no complaint has been filed by the concerned court before whom the petitioner had filed complaint. Thus, the complaint for offences under Sections 193, 195, 196, 211 IPC could only be filed by the Court of Metropolitan Magistrate No.8, Jaipur Metropolitan. Before filing complaint, the said court is bound to hold an inquiry under Section 340 Cr.P.C., 1973 No such procedure has been followed. Consequently, after hearing learned counsel for the parties the impugned order of cognizance (Annx.3) dated 18.5.2017 passed by the Court of Chief Metropolitan Magistrate, Jaipur Metropolitan qua offences under Sections 193, 195 and 196 IPC is set aside qua the present petitioner and the matter is remitted back to the Court of Chief Metropolitan Magistrate, Jaipur Metropolitan to pass a fresh order of cognizance taking into consideration bar under Section 195 Cr.P.C., 1973 and provisions of Section 340 Cr.P.C., 1973 The complainant shall be at liberty to file an application under Section 340 Cr.P.C., 1973 before the court from which allegedly complaint filed by the petitioner as Radha Sharma was withdrawn. In view of above, the present petition stands disposed of."
(3.) Shri Prakash Thakuriya, learned Public Prosecutor, has very fairly submitted that for prosecution of the petitioner for offences under Sections 193, 195, 196 IPC, no complaint has been filed by any concerned court in which either false evidence was given or before whom any complaint was filed.;