THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.9305 of 2009 ORDER: The 2nd respondent who was A1 in C.C.No.643 of 2005 and who was acquitted therein on merits after trial, filed the present miscellaneous petition No.1161 of 2008 in the trial Court against the complainant/PW1 and his witnesses PWs 2 and 3 in C.C.No.643 of 2005, for launching prosecution by the Court against them for offences under Sections 193, 211, 120-B I.P.C., for giving false evidence etc. in C.C.No.643 of 2005. The said miscellaneous petition was filed before the lower Court under Section 195/340 Cr.P.C., because as per Section 195 Cr.P.C., it is only the Court or the authorized officer on behalf of the Court who should file complaint for the offence under Section 193 I.P.C. The petitioner herein who is the complainant/PW1 in C.C.No.643 of 2005 seeks quashing of the said application pending in the lower Court. This criminal petition is filed under the mistaken impression that the said miscellaneous application filed by the 2nd respondent herein in the lower Court was registered as Calendar Case (C.C). A case can be registered for the above penal sections, only in case the Court or authorized officer filed complaint alleging the said offences. The present effort of the 2nd respondent before the lower Court is to move the lower Court for launching prosecution against the petitioner and two others on the ground that they gave false evidence in CC.No.643 of 2005. 2. It is contended by the petitioner’s counsel that as against acquittal recorded by the lower Court by the accused in CC.No.643 of 2005, the petitioner as complainant therein preferred appeal before this Court and it is pending. The said appeal is yet to be registered by this Court as it was filed with delay. In order to save period of limitation, the 2nd respondent filed the miscellaneous application before the lower Court for enquiry under Section 340 Cr.P.C. against the petitioner and two others. Filing of appeal against the acquittal order, is no ground for quashing the pending miscellaneous application in the lower Court. Of course, result in the miscellaneous application under Section 340 Cr.P.C. will always be subject to result in the appeal filed by the petitioner before this Court against acquittal. I do not find any valid or legal reasons either to stall enquiry in miscellaneous application No.1161 of 2008 in the lower Court or for quashing the said application. 3. In the result, the Criminal Petition is dismissed. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:16.12.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9305 of 2009 Dt:16.12.2011 ysk