IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.2439/2015 Between:
Sri.Gangadhara s/o late Devi Rangaiah aged about 40 years Honganuru village, Chamarajanagar Taluk – 571 313 …Petitioner (By Sri Mahadeva Swamy P. Advocate) And:
State of Karnataka by Chief Administrative Officer District and Sessions Court Chamarajanagara – 571 313 Rep. by State Public Prosecutor ...Respondent (By Sri.Vijayakumar Majage, Addl. SPP) ---
This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the entire proceedings in Crl.Misc.No.484/2014 on the file of Dist. And Sessions Judge, Chamarajanagara.
This Criminal petition coming on for Admission, this day, the Court made the following:
ORDER Petitioner is aggrieved by the initiation of action against him under section 340 of Cr.P.C.
2. During the trial in S.C.No.18/2014, petitioner herein was examined as PW.1. In the course of his evidence, petitioner is alleged to have given false evidence before the court and hence, the prosecution made an application under section 340 of Cr.P.C. seeking action against petitioner. The Trial Court considered the said application and in the course of final judgment, directed registration of a miscellaneous case against the petitioner and issued show cause notice to the petitioner, calling upon him as to why action shall not be taken against him for giving false evidence.
3. The procedure adopted by the Trial Court is in accordance with section 340 of Cr.P.C. The Trial Court has assigned reasons to initiate proceedings against petitioner and has held that petitioner has committed an offence punishable under section 193 IPC and directed registration of miscellaneous case. The Trial Court has also afforded an opportunity to petitioner to show cause in the said miscellaneous case.
4. I do not find any error or infirmity in the impugned order warranting interference under section 482 Cr.P.C. It is also to be noted that any order passed on the application under section 340 Cr.P.C. is appealable to the court to which the former is sub-ordinate within the meaning of sub-section (4) of section 195 of Cr.P.C. Petitioner has not chosen to prefer any appeal against the impugned order. Nonetheless, petitioner having failed to make out any ground to interfere in the impugned order, petition is liable to be dismissed and is accordingly dismissed.
Sd/- JUDGE Bss.