- 1 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA CRIMINAL APPEAL NO. 100506 OF 2019 (341(Cr.PC)/380(BNSS) BETWEEN: NANDAKUMAR NAIDU S/O. DAMODAR NAIDU, AGE 63 YEARS, OCC: BUSINESS, R/O. SAI NAGAR, UNKAL, HUBBALLI. ...APPELLANT (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND SMT. SANGEETA KUMARI W/O. TARACHAND JAIN, AGE 46 YEARS, OCC: HOUSEHOLD, R/O. PALI, NAKODA CUT PIECE CENTRE, GHEEKA JHANDA, PALI CITY, RAJASTHAN STATE, PIN-306401. …RESPONDENT (BY SRI. H. R. GUNDAPPA, ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S 341 OF CR.P.C. PRAYING TO EXERCISING THE APPELLANT JURISDICTION, THE ORDER PASSED BY THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD, IN PCR (FR) NO.2/2018, DATED 18.10.2019, FILED U/S.340(2) R/W SEC. 195(1)(V) AND 4 OF CR.P.C, AND SET ASIDE IN THE ENDS OF JUSTICE AND ETC. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 21.02.2025 FOR JUDGMENT AND COMING ON FOR PRONOUNCEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 CAV JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. This appeal is by the petitioner challenging the order dated 18.10.2019 passed by the Principal District and Sessions Judge, Dharwad in PCR (F.R.) No.2/2018 rejecting the application filed under Section 340(2) r/w Section 195(1)(b) and (4) of Cr.P.C. 2. The parties are referred to as per their rankings before the Trial Court. 3. Brief facts of the case of the petitioner are that, the respondent filed original suit in O.S.No.421/2016 on the file of I Addl.Senior Civil Judge Court, Hubballi. The subject matter of the said suit is the property bearing Block No.8K(8/2j) measuring 2 acres 17 guntas of Sutagatti village of Hubballi taluk. In the plaint as well as in the affidavit, plaintiff has stated that the said property was agricultural land. In fact the said land was converted to non-agricultural purpose by order dated 04.08.1992 and it was developed for residential use. Thereby she filed false affidavit as well as gave false statement before the - 3 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 Court in O.S.No.421/2016 which amounts to offences punishable under Sections 191, 192, 193 and 199 read with Section 195 and 340 of Cr.P.C. With reasons petitioner prayed for following reliefs: a) By exercising the appellant jurisdiction, the order passed by the Court of Principal District and Sessions Judge, Dharwad, in PCR (FR) No.2/2018, dated 18.10.2019, filed U/s.340(2) R/w Sec. 195(1)(v) and 4 of cr.p.c, may kindly be set aside in the ends of justice. b) Any other appropriate orders may kindly be passed in the ends of justice. 4. It appears that the respondent has appeared and filed objections. Respondent denied the allegation made against her in the petition that she has committed the offences mentioned in the petition. She further contended that just to harass her, the said complaint was filed. 5. The learned Principal District Judge after hearing both the parties and considering the provisions of Section 340 of Cr.P.C., so also Section 195 of Cr.P.C., - 4 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 rejected the said petition on the ground that the said complaint was not maintainable before the District Court and complainant has to approach the concerned court and file such application. Being aggrieved by the same the petitioner preferred this appeal. 6. Heard the arguments of the learned advocate for the appellant. 7. Learned counsel for the appellant submits that the trial Court has not at all considered the offences alleged against the respondent. It is not necessary that such complaint should be filed before the very same court. Since the Principal District Judge is the appellate Court over the I Additional Senior Civil Judge, it could have taken cognizance of the petition and directed the concerned Court to lodge complaint. Therefore the orders passed by the Principal District Judge is contrary to the provisions of law. Hence, prayed to set aside the same and direct the Principal District Judge to initiate action. - 5 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 8. In support of his contention he relied on the judgment of the Hon’ble Apex Court in the case of Perumal Vs.Janaki reported in (2014) 5 SCC 377. 9. I have gone through the materials placed on record as well as the law laid down in the above referred case. 10. To appreciate the facts and contentions of the parties it is necessary to refer to Section 195 and 340 of Cr.P.C. which 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, 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 - 6 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 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 sub-clause (1) 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, - 7 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 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 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. 340. Procedure in cases mentioned in section 195.-(1) When upon an application made to it in this behalf or otherwise, any Court is of opinion that it expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after - 8 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 such preliminary inquiry, if any, as it thinks necessary,- (a) record a finding to that effect; (b) make a complaint thereof in writing; (c) send it to a Magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and (e) bind over any person to appear and give evidence before such Magistrate. (2) The power conferred on a Court by sub- section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former Court is subordinate within the meaning of sub-section (4) of section 195. (3) A complaint made under this section shall be signed- (a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint; [(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.] (4) In this section, "Court" has the same meaning as in section 195. - 9 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 11. In this case, admittedly application under Section 340 of Cr.P.C. was not filed before the Court wherein original suit No.421/2016 was pending. On the contrary it was filed before the district Court which may not be an appellate Court in the ordinary circumstances unless value of the subject matter of the suit is less than Rs.10 lakhs. No where it is explained or mentioned that the said Senior Civil Judge Court has also jurisdiction to take cognizance of the complaint. 12. The allegation in the complaint indicates that there is some factual mistake/error in the statement made by the parties to a suit in O.S.No.421/2016, whether the said statement was made with an intention to play fraud on the court to defeat rights of other parties in the said suit or false statement was made just to cause loss to state’s revenue or rights of other side. Preliminary enquiry in this regard has to be conducted by the Senior Civil Judge Court Hubballi and if there is prima facia case then it shall lodge complaint to jurisdictional Magistrate Court. - 10 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 13. The District and Sessions Court is not a competent court looking to the facts of the present case, to initiate action on the allegation made in the complaint. Mistake in describing a fact and false statement are two different aspects. Unless the concerned court examines such a fact, looking to the context in which it was made and arrive at the conclusion it cannot lodge complaint. The district Court has no authority under Section 340 of Cr.P.C. as rightly held by learned Principal District Judge to take cognizance of the matter under Section under Section 340 of Cr.P.C. In Section 340 of Cr.P.C. referred above, it is repeatedly stated that such an application under Section 340 shall be made in that Court wherein the alleged offences are committed and that court itself has to consider the said petition and hold preliminary enquiry and proceed with the matter as stated under Section 340 of Cr.P.C. Admittedly no such case was pending before the district Court wherein complaint was filed nor it is immediately appellate court of the additional senior civil judge court, Hubballi. Under these circumstances, district - 11 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 Court had no jurisdiction to consider the application filed under Section 340 of Cr.P.C. Therefore rejection of the application by the Municipal District Court is in accordance with law. 14. Section 340 of Cr.P.C. shall be read along with Sections 341, 342, 343, 344 and 351 of Cr.P.C. To arrive at a conclusion that prima facie case was made out, relevant materials are required to the Court wherein the alleged offence was committed and the said Court after considering necessary materials if finds that prima facie case was made out and offence was committed as provided under Section 195 of Cr.P.C. then either the Judge himself or direct the authorised officer lodge the complaint before the jurisdictional JMFC Court against the person who committed the offence. 15. 15. For the sake of discussions, even if in the present case it is considered that Principal District Judge Court is appellate Court then the said Court cannot follow all the procedure prescribed under Section 341, 342, 343, 344 and 351 of Cr.P.C. and again it has to send back the - 12 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 complaint to the Court concerned to consider the said complaint and pass suitable orders. Instead the appellant himself would have filed the complaint before the jurisdictional Court, so that unnecessary delay could be avoided. At the wisdom of complainant, instead of filing of petition under Section 340 of Cr.P.C. before the 1st Addl. Senior Civil Court, Hubballi, he filed application before the District Court, seeking direction to trial Court to file complaint to the concerned JMFC Court. The said procedure is not in accordance with the Rules and Section 340 of Cr.P.C. 16. Learned counsel for the appellant relied on the judgment of the Hon’ble Apex Court in the case of Perumal Vs.Janaki reported in (2014) 5 SCC 377. The fact of that case is totally different from the facts of the present case. In that case, complainant did not approach the Court wherein criminal case was pending. He approached the Court and filed a private compliant. The said Court considered the provisions of Section 340 and rejected the said complaint on the ground that it ought to - 13 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 be filed before the court wherein such offence was committed. The said order was challenged before the High Court. The High Court confirmed the order of the JMFC Court and dismissed the appeal that was challenged before the Hon’ble Supreme Court. 17. In that case, in the charge sheet filed against the appellant there was a certificate showing that victim lady was not pregnant and the said material was collected by the investigating officer. The material allegation against the accused of that case was that he falsely assured the victim lady of marrying her and with that assurance he had sexual intercourse with her due to which she became pregnant. The investigating officer collected medical examination report of the victim, which was not disclosing that she was pregnant. The said fact clearly indicates that without sufficient material, police officer submitted a charge sheet. Considering the unique facts and circumstances of the case, the Hon’ble Apex Court held that the High Court itself would have taken appropriate action in this regard instead of dismissing the petition on - 14 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 technical ground when materials placed on record show the said lady lodged false complaint and set aside the order passed by the High Court and remanded the matter to the High Court to initiate appropriate action. But in this case holding of preliminary enquiry is required to ascertain any crime committed by the respondent. Only on the basis of allegations in the petition District Court cannot decide that party has committed offence pertaining to pleadings & affidavit filed before the Court. Therefore the law laid down in the said judgment is not applicable to the facts of the present case. 18. It appears that appellant thought that if such direction is given by the Principal District Judge, who has administrative control over Senior Civil Judge, then immediate action would be taken by the Senior Civil Judge and with that intention filed petition before Principal District Judge. Otherwise there was no huddle to the appellant to file such application before the same court instead of filing such application before District Court. In view of the said reasons, finding of the learned District - 15 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 Judge is proper and do not call for any interference by this Court. 19. Looking to the law laid down in the above said judgment and to avoid further delay in considering said application, it is deemed appropriate to direct the learned District Judge to send the said complaint to the Court of I Addl.Senior Civil Judge, Hubballi wherein O.S.No.421/2016 was pending, to consider the said petition in accordance with law and pass appropriate orders. 20. For the aforesaid discussions, this Court pass the following: ORDER i. Appeal is dismissed. ii. The impugned order dated 18.10.2019 passed by the Principal District and Sessions Judge, Dharwad in PCR (F.R.) No.2/2018 is confirmed. iii. The Principal District Judge, Dharwad is directed to send copy of the complaint lodged by the appellant under Section 340 of Cr.P.C. read with Section 195(1)(b)(4) of Cr.P.C. to the Court of the I Addl.Senior Civil Judge, Hubballi, to consider the said application in - 16 - NC: 2025:KHC-D:6334 CRL.A No. 100506 of 2019 O.S.No.421/2016 in accordance with law and pass appropriate orders. iii. Send back the TCR along with copy of this judgment to the trial Court. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 48