1 12.wp.400-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.400 OF 2011 Anand Prabhakar Joshi. ..Petitioner. Vs. Civil Court, Senior Division, Pune and others. ..Respondents. .......... Mr.A.P. Joshi, Petitioner in person present. Ms.M.H. Mhatre, A.P.P. for the State. Mr.Jayesh Kocheta, Advocate for Respondent No.2. Mrs.U.V. Kejariwal, Advocate for Respondent No.3-U.O.I. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 17th FEBRUARY, 2011. P.C. 1. The grievance of the Petitioner is that although he has filed application before the Civil Judge, Senior Division at Pune for initiating process as stipulated under Section 340 of the Criminal Procedure Code and file complaint before the appropriate Court of competent jurisdiction to try the offence, no order has been passed on the said application. The grievance of the Petitioner is that the Civil Court itself wants to try the said complaint. Counsel for Respondent No.2 on the other hand points out that it is the Petitioner himself approached the Civil Court, Senior Division by way of formal application praying for PPD 2 12.wp.400-11 not to continue the hearing of Misc. Application No.380 of 2009 before the same Court. 2. Considering the above grievance, we are of the opinion that the application preferred by the petitioner dated 11th July, 2006 will have to be decided one way or the other; and if the Court were to be prima facie convinced with the allegations made by the Petitioner about the false statement and evidence given in the judicial proceedings, it will have to take measures as provided under Section 340 of the Criminal Procedure Code, in which case, the Civil Court will have to issue direction to register formal complaint before the Criminal Court of competent jurisdiction in connection with the relevant offence. At the same time, we make it clear that the Civil Court by itself will not be competent to try the complaint, but, only can facilitate filing of the complaint by issuing appropriate directions. 3. We place on record that the Petitioner has no objection if the above procedure was to be followed by the concerned Court. In view of the stand now taken by the Petitioner before this Court, the application preferred by the Petitioner on which order came to be passed by the Civil Judge, Senior Division at Pune on 1st February, 2011 would not survive for consideration. 3 12.wp.400-11 4. We dispose of this Petition with a hope that the Civil Judge, Senior Division at Pune would follow procedure and compliance under Section 340 of the Code and take the matter to its logical end in accordance with law. Since the application is pending for quite some time, the same be heard expeditiously and possibly before the end of April, 2011. The Petitioner gives assurance to this Court that he will give full cooperation for early hearing of the said application and will not ask for any adjournment before the said Court on the assigned dates. 5. Insofar as the relief (f) is concerned, the Petitioner prays that this Court may direct Respondent No.2 for production of material record referred to in the said prayer clause. Since the substantive proceedings are pending before the lower Court, the Petitioner, if so advised, may ask for such relief in the concerned proceedings. Besides this observation, no other direction is required. 6. Petition is disposed of on above terms. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)