- 1 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 6744 OF 2025 C/W CRIMINAL PETITION NO. 6695 OF 2025 CRIMINAL PETITION NO. 6745 OF 2025 CRIMINAL PETITION NO. 6869 OF 2025 IN CRL.P No. 6744/2025 BETWEEN: 1. SMT. N. VIJAYANAGARAJ ALIAS O.N VIJAYALAKSHMI AGED ABOUT 71 YEARS D/O. LATE O.V. NARASIMHA SETTY W/O.N.K.NAGARAJ R/AT NO.43, WHH ROAD GANDHINAGAR, K.G. ROAD BENGALURU - 560 009. 2. MS. O.N. INDRANI D/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 70 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 3. SRI.O.N.RAMESH BABU S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 68 YEARS R/AT NO.29, SUDHA PRISTINE APARTMENTS 2ND FLOOR, 1ST MAIN ROAD TATA SILK FARM, BASAVANAGUDI BENGALURU 560 004. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER 4. MS. O.N. MEERA BAI D/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 66 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 5. SRI. O.N.VENKATRAMAN ALIAS RAMAN O.N.V. S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 61 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 6. SRI. O.N.VENKATKRISHNAN ALIAS KRISHNAN O.N.V. S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 64 YEARS R/AT FLAT NO.A-207, 2ND FLOOR A-BLOCK, RAINBOW WATER FRONT APARTMENTS, UTTARAHALLI BENGALURU - 560 061. …PETITIONERS (BY SRI. SHASHIDHAR S. KARAMADI, ADVOCATE) AND: 1. SRI. Y P KATHYAYINI SHETTY D/O. LATE RAMAKRISHNA SHETTY.K AGED ABOUT 63 YEARS R/AT NO.3, CLARENCE HOUSE LANGFORD ROAD, LANGFORD TOWN BENGALURU - 560 056. …RESPONDENT (BY SRI. SATHYANARAYANA CHALKE, ADVOCATE FOR SRI. LAXMIKANTHA .K.B, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.384/2025 PENDING BEFORE THE II ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU FILED BY THE RESPONDENT AND PRAYING TO PROSECUTE THE PETITIONERS FOR THE ACT OF PERJURY U/S.340 OF CRPC (SEC.379 OF BNSS 2023) AND FILE COMPLIANT U/S.182, 200, 209, 210 OF IPC (SEC.217, 237, 246, 247 OF BNS 2023) AGAINST THE PETITIONER. IN CRL.P NO. 6695/2025 BETWEEN: 1. SMT. N. VIJAYANAGARAJ ALIAS O.N VIJAYALAKSHMI AGED ABOUT 71 YEARS D/O. LATE O.V. NARASIMHA SETTY W/O.N.K.NAGARAJ R/AT NO.43, WHH ROAD GANDHINAGAR, K.G. ROAD BENGALURU - 560 009. 2. MS. O.N. INDRANI D/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 70 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 3. SRI.O.N.RAMESH BABU S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 68 YEARS R/AT NO.29, SUDHA PRISTINE APARTMENTS 2ND FLOOR, 1ST MAIN ROAD TATA SILK FARM, BASAVANAGUDI BENGALURU 560 004. 4. MS. O.N. MEERA BAI D/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 66 YEARS R/AT FLAT NO.2, GROUND FLOOR - 4 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 5. SRI. O.N.VENKATRAMAN ALIAS RAMAN O.N.V. S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 61 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 6. SRI. O.N.VENKATKRISHNAN ALIAS KRISHNAN O.N.V. S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 64 YEARS R/AT FLAT NO.A-207, 2ND FLOOR A-BLOCK, RAINBOW WATER FRONT APARTMENTS, UTTARAHALLI BENGALURU - 560 061. ...PETITIONERS (BY SRI. SHASHIDHAR S. KARAMADI, ADVOCATE) AND: 1. SRI. Y P KATHYAYINI SHETTY D/O. LATE RAMAKRISHNA SHETTY.K AGED ABOUT 63 YEARS R/AT NO.3, CLARENCE HOUSE LANGFORD ROAD, LANGFORD TOWN BENGALURU - 560 056. ...RESPONDENT (BY SRI. SATHYANARAYANA CHALKE, ADVOCATE FOR SRI. LAXMIKANTHA .K.B, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.386/2025, PENDING BEFORE THE II ADDITIONAL CITY CIVIL AND SESSIONS JDUGE, AT BENGALURU, FILED BY THE RESPONDENT AND PRAYING TO - 5 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER PROSECUTE THE PETITIONERS, FOR THE ACT OF PERJURY U/S 340 OF CR.P.C., (SEC.379 OF BNSS, 2023) AND FILE COMPLAINT U/S 182, 200, 209, 210 OF THE IPC (SEC.217, 237, 246, 247 OF BNS, 2023), AGAINST THE PETITIONERS. IN CRL.P NO. 6745/2025 BETWEEN: 1. SMT. N. VIJAYANAGARAJ ALIAS O.N VIJAYALAKSHMI AGED ABOUT 71 YEARS D/O. LATE O.V. NARASIMHA SETTY W/O.N.K.NAGARAJ R/AT NO.43, WHH ROAD GANDHINAGAR, K.G. ROAD BENGALURU - 560 009. 2. MS. O.N. INDRANI D/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 70 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 3. SRI.O.N.RAMESH BABU S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 68 YEARS R/AT NO.29, SUDHA PRISTINE APARTMENTS 2ND FLOOR, 1ST MAIN ROAD TATA SILK FARM, BASAVANAGUDI BENGALURU 560 004. 4. MS. O.N. MEERA BAI D/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 66 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 5. SRI. O.N.VENKATRAMAN ALIAS RAMAN O.N.V. - 6 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 61 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 6. SRI. O.N.VENKATKRISHNAN ALIAS KRISHNAN O.N.V. S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 61 YEARS R/AT FLAT NO.A-207, 2ND FLOOR A-BLOCK, RAINBOW WATER FRONT APARTMENTS, UTTARAHALLI BENGALURU - 560 061. ...PETITIONERS (BY SRI. SHASHIDHAR S. KARAMADI, ADVOCATE) AND: 1. SRI. Y P KATHYAYINI SHETTY D/O. LATE RAMAKRISHNA SHETTY.K AGED ABOUT 63 YEARS OCC: HOUSE MAKER R/AT NO.3, CLARENCE HOUSE LANGFORD ROAD, LANGFORD TOWN BENGALURU - 560 056. ...RESPONDENT (BY SRI. SATHYANARAYANA CHALKE, ADVOCATE FOR SRI. LAXMIKANTHA .K.B, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.385/2025, PENDING BEFORE THE II ADDL.CITY CIVIL AND SESSIONS JUDGE, SPL. JUDGE, AT BENGALURU FILED BY THE RESPONDENT AND PRAYING TO PROSECUTE THE PETITIONERS FOR THE ACT OF PERJURY UNDER SEC.340 OF CR.PC (SEC.379 OF BNSS 2023) AND FILE COMPLAINT UNDER SEC.182, 200, 209, 210 OF THE IPC (SEC.217, 237, 246, 247 OF BNS 2023 AGAINST THE PETITIONERS. - 7 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER IN CRL.P NO. 6869/2025 BETWEEN: 1. SMT. N. VIJAYANAGARAJ ALIAS O.N VIJAYALAKSHMI AGED ABOUT 71 YEARS D/O. LATE O.V. NARASIMHA SETTY W/O.N.K.NAGARAJ R/AT NO.43, WHH ROAD GANDHINAGAR, K.G. ROAD BENGALURU - 560 009. 2. MS. O.N. INDRANI D/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 70 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 3. SRI.O.N.RAMESH BABU S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 68 YEARS R/AT NO.29, SUDHA PRISTINE APARTMENTS 2ND FLOOR, 1ST MAIN ROAD TATA SILK FARM, BASAVANAGUDI BENGALURU - 560 004. 4. MS. O.N. MEERA BAI D/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 66 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. 5. SRI. O.N.VENKATRAMAN ALIAS RAMAN O.N.V. S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 61 YEARS R/AT FLAT NO.2, GROUND FLOOR NO.7, 7TH CROSS, N.R.COLONY BENGALURU - 560 019. - 8 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER 6. SRI. O.N.VENKATKRISHNAN ALIAS KRISHNAN O.N.V. S/O. LATE O.V. NARASIMHA SETTY AGED ABOUT 64 YEARS R/AT FLAT NO.A-207, 2ND FLOOR A-BLOCK, RAINBOW WATER FRONT APARTMENTS, UTTARAHALLI BENGALURU - 560 061. ...PETITIONERS (BY SRI. SHASHIDHAR S. KARAMADI, ADVOCATE) AND: 1. SRI. Y P KATHYAYINI SHETTY D/O. LATE RAMAKRISHNA SHETTY.K AGED ABOUT 63 YEARS R/AT NO.3, CLARENCE HOUSE LANGFORD ROAD, LANGFORD TOWN BENGALURU - 560 056. ...RESPONDENT (BY SRI. SATHYANARAYANA CHALKE, ADVOCATE FOR SRI. LAXMIKANTHA .K.B, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.383/2025, PENDING BEFORE THE II ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE CITY CIVIL COURT, BENGALURU, FILED BY THE RESPONDENT AND PRAYING TO PROSECUTE THE PETITIONERS FOR THE ACT OF PERJURY U/S 340 OF CR.P.C. (U/S 379 OF BNSS, 2023) AND FILE COMPLAINT U/S 182, 200, 209, 210 OF THE IPC (U/S 217, 237, 246, 247 OF BNS, 2023) AGAINST THE PETITIONERS. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 9 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER ORAL ORDER These batch of petitions are filed seeking quashing of the proceedings pending in Criminal Miscellaneous Petition Nos.384/2025, 385/2025, 386/2025 and 383/2025 on the file of II Additional City Civil and Sessions Judge at Bengaluru. 2. The common issue that arises in all these petitions pertains to the notice issued by the Trial Court under Section 340 of the Code of Criminal Procedure, calling upon the petitioners to show cause as to why action should not be taken against them for the alleged offence under Section 193 of the Indian Penal Code. On receipt of such notices, the petitioners, in a batch of Criminal Miscellaneous Petitions involving an identical question, have approached this Court seeking quashing of the said proceedings. - 10 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER 3. Background of the case: The subject matter of these petitions relates to reference applications filed in the Land Acquisition Cases (LAC) pending in LAC Nos.317/1999, 318/1999, 9/2000 and 10/2000. These four proceedings concern the acquisition of properties bearing Sy. No.9 measuring 3 acres 3 guntas, Sy. No.10 measuring 8 acres 1 gunta, Sy. No.86 measuring 4 acres 30 guntas, and Sy. No.85 measuring 11 acres 25 guntas respectively. 4. The present petitioners filed applications under Section 151 of the Code of Civil Procedure in the above- mentioned LAC proceedings. In all four cases, they sought recall of the earlier orders and leave to contest the proceedings, contending that their father, O.V. Narasimha Setty, and mother, O.V. Dhanalakshmi, were entitled to claim compensation. Referring to the demise of their parents, the petitioners swore affidavits asserting that they, as legal heirs, were entitled to prosecute the LAC - 11 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER proceedings and receive the award amount determined therein. At this stage, respondent No.2, acting as the petitioners’ GPA holder, filed an application under Section 340 Cr.P.C., alleging that the petitioners had committed perjury by making false claims in all four matters. Respondent No.2 placed reliance on the civil proceedings in O.S. No.3656/1981, wherein the petitioners’ ancestors had contested ownership but ultimately lost. The Civil Court had declared that the petitioners’ ancestors were not the owners and had lost title, while the plaintiffs therein perfected title by adverse possession. This decree, having been affirmed up to the Hon’ble Supreme Court in Civil Appeal No.6111/2009, according to respondent No.2, conclusively established that the petitioners’ parents had no claim. Therefore, despite the adverse decree, the petitioners, by asserting a contrary right in the LAC proceedings, had, according to him, committed an offence under Section 193 IPC. - 12 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER 5. Acting on the said application, the learned Judge initiated proceedings under Section 340 Cr.P.C. and issued show cause notices to the petitioners directing them to appear and explain. Challenging these notices and the consequent proceedings in Criminal Miscellaneous Nos.384/2025, 385/2025, 386/2025, and 383/2025, the petitioners have approached this Court. Their primary contention is that the respondent-complainant had no locus standi to initiate such proceedings for an offence punishable under Section 193 IPC. They further contend that the very applications under Section 340 Cr.P.C. were filed by the respondent in his capacity as their agent, which is borne out by the records. 6. Per-contra, the learned counsel for the respondent-complainant, relying on the judgment in O.S.No.3656/1981, affirmed by the Hon’ble Supreme Court in Civil Appeal No.6111/2009, submits that the petitioners’ ancestors have conclusively lost their claim. The petitioners’ parents were directed to hand over - 13 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER possession of the suit properties, which are now acquired, and it is the plaintiffs in O.S. No.3656/1981 who are declared absolute owners. Therefore, the compensation amount, if any, can only be disbursed to the plaintiffs in the said suit and not to the present petitioners. 7. In the light of the above rival contentions, the short point that arises for consideration in this batch of petitions is whether the proceedings in Criminal Miscellaneous Nos.384/2025, 385/2025, 386/2025, and 383/2025 are legally sustainable. 8. Having heard the learned counsel on both sides, this Court considers it appropriate to advert to the judgment rendered in O.S. No.3656/1981, wherein the petitioners’ father and mother were arrayed as defendant Nos.1 and 2. The decree passed by the Trial Court assumes relevance to the present case. The operative portion of the decree is reproduced hereunder: - 14 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER "ORDER The suit of the plaintiff is decreed. It is hereby declared that the defendants get no title from the sale deeds executed in their favour. The defendants are hereby directed to deliver vacant possession of the suit schedule property to the plaintiff. The parties are directed to bear their own costs. Dictated to the Judgment Writer, the transcript corrected and then pronounced in open Court this the 11th day of October, 1996." 9. The judgment rendered by the Hon’ble Apex Court in Civil Appeal No.6111/2009 is also of significance. Paragraph 17, being the concluding portion of the judgment whereby the appeal filed by the plaintiffs was allowed against the reversal of the Trial Court’s decree by the High Court, is extracted hereinbelow: "17. Thus, there can be no manner of dispute that a plaintiff can claim title to the property based on adverse possession." 10. In view of the affirmation by the Hon’ble Apex Court, thereby upholding the decree passed in O.S. - 15 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER No.3656/1981, the next core issue that arises for consideration before this Court is whether the petitioners could have maintained an application under Section 151 of the Code of Civil Procedure seeking recall of the orders and permission to prosecute LAC Nos.317/1999, 318/1999, 9/2000 and 10/2000 as the legal representatives of O.V. Narasimha Setty. In this regard, paragraphs 3 and 4 of the said judgment assume relevance. Accordingly, this Court deems it appropriate to extract the same, which reads as under: ”3. In said reference my father O.V.Narasimha Shetty has been made Claimant No.1 and my mother O.V.Dhanalakshmi has been made as claimant No.2, since they are entitle to compensation of the award amount. In fact my father died on 19.1.2010 and mother died on 8.9.2021 leaving behind myself 1(c) and my brother & sister i.e. claimant no.1(a), 1(b) 1(d) to 1(f), to sue and succeed the estate of the deceased Claimants . The copy of the death certification of O.V.Narasimha Shetty and O.V.Dhanalakshmi, G Tree and Aadhaar card produced for kind consideration. - 16 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER 4. It is submitted that myself and my brother and sister Claimant no. 1(a) to 1(f) are the only legal heirs succeed the estate of the deceased Claimants to sue and survive to estate and conduct the reference in accordance with law." 11. Similar applications were also filed in LAC Nos.318/1999, 9/2000 and 10/2000. A reading of paragraphs 3 and 4 of the applications reveals that the petitioners asserted their father and mother to be the absolute owners of the properties and, on that basis, sought compensation in respect of the award amount. Now, as their legal heirs, the petitioners contend that they are entitled to prosecute the LAC proceedings and claim the compensation. 12. Pursuant to the application filed by the respondent-complainant, the Trial Court issued notice under Section 340 Cr.P.C. The grievance of the respondent-complainant is that the petitioners, while suppressing the decree passed by the competent Civil Court, executed a General Power of Attorney in his favour - 17 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER authorising him to prosecute the LAC proceedings. According to him, such suppression amounts to perjury. While the petitioners in the present petitions have questioned the very locus of the respondent-complainant, paragraph 23 of their petition assumes significance. Hence, this Court deems it appropriate to extract paragraph 23, which reads as under: "23. That the petitioners executed the GPA in favour of the respondent on 6.8.2022, which was cancelled on 19.4.2025 and the respondent himself in the admission in the Power of Attorney under Clause 14 and on 18.1.2023, IA Nos.1 to 3 filed by the respondent on behalf of the petitioners before the 2nd Addl. City Civil and Sessions Judge, at Bengaluru for recalling the order dated 27.3.2002 in LAC No.317/1999. Copy of the General Power of Attorney dated 19.4.2025, executed by the petitioners on behalf of respondent was cancelled is produced as Annexure-F." 13. Since the petitioners contend that the applications in question were not filed by them but by the respondent–complainant, this Court is of the considered view that the respondent did have the locus to move an - 18 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER application under Section 340 of the Code of Criminal Procedure. The primary allegation against the petitioners is that their ancestors had already lost their claim of ownership before the competent Civil Court, and therefore, the subsequent applications filed by the petitioners asserting entitlement to compensation amounts to deliberate falsehood and, consequently, perjury. It is in this backdrop that the learned Judge issued show cause notices in Criminal Miscellaneous Petition Nos.384/2025, 385/2025, 386/2025, and 383/2025 under Section 340 Cr.P.C. The Court is empowered, while examining such proceedings, to consider whether offences falling within the scope of clause (b) of sub-section (1) of Section 195 Cr.P.C. are prima facie made out. Accordingly, in the course of a preliminary enquiry, the learned Judge thought it fit to issue notices to the petitioners. 14. The specific question that arises is whether the claims made by the petitioners, despite their ancestors having suffered an adverse decree in O.S. No.3656/1981, - 19 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER and the affidavits sworn to that effect in the LAC proceedings, constitute perjury punishable under Section 193 of the Indian Penal Code. This aspect is a matter of enquiry which necessarily falls within the jurisdiction of the learned Judge while exercising powers under Section 340 Cr.P.C. Therefore, instead of contesting the said proceedings before the Trial Court and offering their explanation, the petitioners have prematurely approached this Court seeking to quash the show cause notices. It is also relevant to note that in these proceedings, interim orders have been operating, staying further proceedings in all four criminal miscellaneous cases. 15. On a careful examination of the material placed before this Court, it is evident that the extracts referred to hereinabove prima-facie disclose a case warranting an enquiry. The action of the learned Judge in initiating proceedings under Section 340 Cr.P.C. cannot, therefore, be said to be without justification. The petitioners ought to have contested the proceedings by filing their objections - 20 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER before the Trial Court and demonstrated, on merits, that the ingredients of the offence under Section 193 IPC were not made out. Instead, they have chosen to challenge the very issuance of show cause notices in four separate petitions, all raising an identical issue. 16. This Court, having perused the decree rendered by the Civil Court in O.S. No.3656/1981 and its affirmation by the Hon’ble Supreme Court in Civil Appeal No.6111/2009, is of the firm view that the learned Judge is well within his powers to conduct a preliminary enquiry. In the course of such enquiry, if it emerges that sufficient material exists to indicate commission of an offence under Section 193 IPC., it is for the learned Judge to take further action as contemplated under Sections 340, 340A, 340B, and 340C of the Code of Criminal Procedure. However, it is equally clear that the proceedings initiated must strictly conform to the statutory mandate under Section 340 Cr.P.C., which requires due enquiry before any further steps are taken. - 21 - HC-KAR NC: 2025:KHC:36019 CRL.P No. 6744 of 2025 C/W CRL.P No. 6695 of 2025 CRL.P No. 6745 of 2025 AND 1 OTHER 17. At this juncture, this Court does not find any reason to interfere or to extend any indulgence in favour of the petitioners. It is made clear that this Court has not expressed any opinion on the merits of the matter, which are to be examined by the competent Court in accordance with law. Accordingly, these petitions fail and are hereby dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 6