(1) Criapln137-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 137 OF 2010 Hameeda Begum w/o Maheboob Khan & others APPLICANTS VERSUS Police Inspector, Police Station, Jinsi and another RESPONDENTS ..... Mr. A.B. Gaikwad, advocate for the applicants. Mr. B.V. Wagh, A.P.P. for the Respondent-State. Mr. H.I. Pathan, advocate for respondent No. 2. ..... CORAM : M.T. JOSHI, J. DATED : 13th APRIL, 2011 ORAL ORDER: 1. Heard both the sides. 2. The present applicant - Hameeda Begum is accused No. 1 in a private complaint filed before the concerned Judicial Magistrate (F.C.). Admittedly, she is the widow of the deceased - Maheboob Khan and the dispute regarding succession upon his death is being litigated by the parties in the civil Court. (2) Criapln137-10 3. In the present case, the complaint was filed on the basis that the present applicant - Hameeda Begum has filed a false affidavit before the Municipal Authority, claiming therein that the deceased i.e. her husband has died at her own house while, according to the respondent No. 2 i.e. the original complainant, the deceased died at his own house as he was taking care of the deceased. After making enquiry, the Municipal Authority found that the deceased had not died at the house of the present applicant - Hameeda Begum and, therefore, the necessary correction was made. In the complaint, it is alleged by the respondent No. 1 that all these averments were made in the application before the Municipal Authority by applicant - Hameeda Begum in order to cheat and to deprive him of his rights upon death of deceased Maheboob Khan. 4. The whole of the averments of the complaint would show that no ingredients of the offences punishable under section 420, 468, etc. of the I.P.Code are made out. At the most, it would be an (3) Criapln137-10 offence of filing a false affidavit before a Public Servant about which as per the provisions of Section 195 of the Criminal Procedure Code, the concerned Public Servant is only competent to move the concerned Court. In view of these facts, the present application succeeds. The order of issue process passed against the applicants in R.C.C. No. 1775/2007, dated 03-01-2009, by the learned 6th Judicial Magistrate (F.C.), Aurangabad, is quashed and set aside. The present application is disposed of in above terms. [M.T. JOSHI, J.] NPJ/criapln137-10