Full Judgment
ORDER
SHEET G.A.No.3405 of 2013 C.S.No.413 of 1888 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JOHN GREGORY APCAR & ORS.Versus THOMAS MALCo.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th January, 2014.
Appearance: Mr.Pratap Chatterjee,Sr.Advocate Mr.Ranjan Bachwat,Sr.Advocate Mrs.Noelle Banerjee,Advocate.
The Court : The locus standi of Stefano George Sarkies is challenged.
It is said that he was not baptized in the Armenian Church and the certificate of Baptism of the Armenian Church produced by him is a forgery.
Reliance is placed on the letter dated 23rd October, 2013 of the Primate, Bishop Haigazoun Najarian, Diocese of the Armenian Church of Australia & New Zealand.
If Stefano George Sarkies does not have the locus standi then the whole proceeding started by him will fall to the grounds.
Various authorities were cited before me, namely Pritish v.
State of Maharashtra (2002) 1 SCC253 Iqbal Singh Marwah & Anr.v.Meenakshi Marwah & Anr (2005(4) SCC370 Subir Kumar Ghosh v.
Prasar Bharati Broadcasting Corporation of India 2006(3) CHN743for the proposition as to whether the accused should be heard before he is sent for trial for perjurybefore a Magistrate.
Although the 2002 Supreme Court decision says that if a case is disclosed then he can be sent straightway to the Magistrate, the 2005 Supreme Court decision contemplates a preliminary enquiry by the Court itself before a trial for perjury by a Magistrate is ordered.
The 2005 Supreme Court decision is a later decision and of a larger Bench.
Therefore, I think that the accused should be given an opportunity for filing of an affidavit for the purpose of holding the preliminary enquiry.
But there is also the allegation against him that he is a speculator and once he comes to know that his lack of locus standi in filing this proceeding has been discovered he will no longer present himself before this Court.
In those circumstances, I direct Stefano George Sarkies to furnish cash security for his appearance before the Registrar, Original Side of this Court of a sum of Rs.5 lakhs by 15th February, 2014 upon intimation to the advocate-onrecord for the Wardens of the Church.
Upon proof of furnishing of the above security, the advocate-on-record for the Wardens of the Armenian Church will furnish a copy of this application to Mrs.Banerjee’s advocate-on-record and affidavits may be exchanged according to the following directions : Let affidavit in opposition be filed by 24th February, 2014.
List this application on 5th March, 2014.
Reply may be filed in the meantime.
If no such security is furnished, this application may be mentioned for appropriate order.
All parties concerned are to act on a signed photo copy of this order on the usual undertakings.
(I.
ssaha AR(CR) P.
MUKERJI, J.)