Decided on November 18,1964

RAM BABU Appellant
STATE Respondents

Referred Judgements :-



S.D. Khare, J. - (1.)THESE are two applications in revision by the same person, namely, Ram Babu, against two orders passed by the learned Addl. Distt. Magistrate, Jhansi, on 31st May, 1963, Under Section 476 Code of Criminal Procedure directing that the applicant be prosecuted for giving false evidence or declaration.
(2.)THE prosecution case was that in two different cases Ram Babu applicant had filed affidavits and given declaration stating wrong facts. The Addl. Distt. Magistrate dismissed both the aforesaid applications and by two separate orders passed on 31st May, 1S63, considered the desirability of making a complaint against Ram Babu for giving false evidence and declaration Under Section 163 and 199 IPC, and filed complaints against him.
In both these applications a common question of law arises, whether it was open to the Addl. Distt. Magistrate in such a case to proceed Under Section 476 Code of Criminal Procedure when he had passed no order for the prosecution of Ram Babu applicant Under Section 479A Code of Criminal Procedure.

(3.)THE relevant portion of Section 479 -A Code of Criminal Procedure reads:
(1) Notwithstanding anything contained in Sections 476 to 479 inclusive when any civil, criminal or revenue Court is of opinion that any person appearing before it as a witness has intentionally given false evidence in any stage of the judicial proceeding or has intentionally fabricated false evidence for the purpose of being used in any stage of the judicial proceeding, and that, for the eradication of the evils of perjury and fabrication of false evidence and in the interests of justice, it is expedient that such witness should be prosecuted for the offence which appears to have been committed by him, the Court shall, at the time of the delivery of judgment or final order disposing of such proceeding record a finding to this effect stating its reasons therefor and may, if it so thinks fit, after giving the witness an opportunity of being heard, make a complaint thereof in writing signed by the presiding officer of the Court setting forth the evidence which, in the opinion of the Court, is false or fabricated and forward the same to a Magistrate of the first class having jurisdiction.... (6) No proceedings shall be taken under Sections 476 to 479 inclusive for the prosecution of a person for giving or fabricating false evidence, if in respect of such a person proceedings may be taken under this section.

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