Hari Sharan Shankar Srivastava vs State Of Uttarakhand & Another

Manoj Kumar Tiwari, J

According to the petitioner, he moved an application under Section 340 Cr.P.C. before Tehsildar, Gadarpur, District Udham Singh Nagar in mutation proceedings, however, Tehsildar is not entertaining his application.

By means of this Writ Petition, petitioner has sought following relief:-

"(i) issue a writ, order or direction in the nature of mandamus directing the Tehsildar, Tehsil Gadarpur, Udham Singh Nagar to register and decide the application dated 31.08.2020 filed by the Petitioner under sections 195/340 CrPC for filing false affidavit and committing perjury by certain persons named in the said application, contained as Annexure no. 1 to the petition."

Heard learned counsel for the parties and perused the record.

Section 340 Cr.P.C. reads as under:-

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 is 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 to 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 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 of 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."

A perusal of sub-section (1) of Section 340 indicates that if the Court concerned is satisfied that it is 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, then the Court may proceed in the matter.

Thus, before proceeding in the matter, the Court has to form an opinion that an enquiry is needed. In such view of the matter, any direction, as sought by the petitioner, would be unwarranted. It is not for this Court to direct the Tehsildar to proceed under Section 340 Cr.P.C.

Thus, there is no scope of interference. Accordingly, writ petition is dismissed.

There will be no order as to costs.