1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.1850 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. The impugned order is rendered by learned adhoc Additional Sessions Judge, Aurangabad, holding that appeal is not maintainable regarding the inaction on part of the trial Court to make inquiry U/s 340 of the Cr.P.C. regarding the alleged offence of perjury, impersonation and cheating. Considering the submissions of the learned counsel, I am of the opinion that the view taken by the learned Adhoc Additional District Judge is sustainable inasmuch as the application filed by the petitioners before the trial Court is yet pending and there was no appealable order rendered. The trial Court shall, however, conduct necessary inquiry into the alleged offence of perjury and may institute Criminal case if there is material found to take cognizance of the offences, in accordance with the procedure laid down U/s 190 and U/s 340 of the Cr.P.C. 3. With these observations, the petition is dismissed. 4. The trial Court may not act upon the consent written statement unless the issue regarding impersonation and fabrication is prima facie inquired and necessary action if so required is taken. (V.R.KINGAONKAR,J.) Dt.26.02.2010. asp/office/wp1850.08