Sreejith Premachandran Vs Biju Ramesh On 18 January 2021
Sreejith Premachandran Vs Biju Ramesh On 18 January 2021
Sreejith Premachandran Vs Biju Ramesh On 18 January 2021
PRESENT
OP(Crl.).No.383 OF 2020
PETITIONER:
SREEJITH PREMACHANDRAN
AGED 42 YEARS
S/O PREMACHANDRAN,
RESIDING AT PURA 21, SREEPRASURA, NETHAJI ROAD,
POOJAPPURA, THIRUVANANTHAPURAM-695012.
BY ADVS.
SRI.T.ASAFALI
SMT.LALIZA.T.Y.
RESPONDENTS:
1 BIJU RAMESH
AGED 55 YEARS
S/O RAMESAN, RAJADHANI COMPLEX, EAST FORT, POST,
THIRUVANANTHAPURAM-695023.
R1 BY ADV. SMT.P.DEEPTHI
R1 BY ADV. SRI.C.P.SAJI
OTHER PRESENT:
SRI B JAYASURYA-SR PP
R.NARAYANA PISHARADI, J
************************
O.P.(Crl) No.383 of 2020
---------------------------------------------
Dated this the 18th day of January, 2021
JUDGMENT
petitioner under Section 340 (1) of the Code. The crux of the
proper court.
would contend that the petitioner had filed the application under
Section 340 (1) of the Code in the proper Court which had got
under Section 340 (1) of the Code would lie after conclusion of
jurisdiction.
Sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both
matter for the Court and not for a party even when a party
cases even at the instance of a stranger the Court may look into
does not act as a Court. The Code does not contain any provision
which was pending before the court and such an application can
O.P.(Crl) No.383/2020
10
under Section 340(1) of the Code can be filed even after the
the first part of Section 193 IPC would show that it is necessary
provision. But, the second part of Section 193 IPC does not
proceeding in any court i.e. during the time when the document
that, the term 'Court' in Section 340(1) of the Code means the
mean the very court before which a person has made false
have been accepted if the VACB had, after investigation, filed any
Court. But, the VACB has filed a refer report in the case before
accepted as correct.
Code.
Ext.P2 order is set aside. The Court of the Judicial First Class
O.P.(Crl) No.383/2020
15
with law.
Sd/-
APPENDIX
PETITIONER'S EXHIBITS:
TRUE COPY
PS TO JUDGE
al/-