I am a writ petitioner in a criminal (miscellaneous) petition filed before Honorable High Court of Kerala against tardy investigation by Police in several criminal cases. However opposite party (accused) have made several false statements in their reply though not directly related to the case in hand. Accused had made the statement that I knew previous investigating officer personally for many years and was trying to influence this case using him. This false statement was pointed out but Honorable Court have failed to take cognizance on these false statement. The judgement was agaisnt my plea and now the case is pending before Division bench of High Court.
How should I proceed to punish the guilty for making this false statement ? Should I approach Honorable Court with another petition specifically pointing out these false statement and asking to file case by court itself for making this deliberate false statement or should I approach Magistrate court with a criminal case under Section 191 192 193 etc? Do bar under section 195 (1) (b) (i),(ii) and (iii) of crpc will be there for directly approaching first class judicial magistrate.
