MANEKLAL GARBADDAS Vs. STATE
HIGH COURT OF BOMBAY
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(1.) This is an appeal under Section 476B, Criminal Procedure Code, against an order made by the Sessions Judge of Kaira ordering a complaint to be filed for the offence of perjury with regard to statements made by Maneklal Garbaddas before the Additional Sessions Judge of Ahmedabad on November 20, 1925. Maneklal Garbaddas was examined as a witness at a trial held by the Additional Sessions Judge of Ahmedabad in a a case which was committed to the Sessions Court of Ahmedabad by the Resident First Class Magistrate at Borsad. The witness gave evidence in that "case and the case was decided on November 21 1925.
(2.) By a Government Notification, dated October 6, 1925, after January 1, 1926, the District Judge of Kafra was constituted a Sessions Division distinct from the Sessions division of Ahmedabad under the t name of the Sessions Divisions of Kaira. An application was made by the original accused Nos. 1 and 2 in the Sessions case to which I have referred, to-the Court of Session at Nadiad on March 1, 1926. It was stated in the application that it was made to that Court as successor to the Court at Ahmedabad, and, alternatively, as a Court of superior jurisdiction to the Court of the committing Magistrate at Borsad before which also the offence was committed. The application related to certain statements made by this particular witness and another person, named Bai Reva, and it was made for action being taken under Section 476, Criminal Procedure Code. The learned Sessions Judge did not consider it proper to direct any complaint to be filed against Bai Reva, but ordered a complaint to be filed against Maneklal Garbaddas in respect of certain statements made by him as a witness in the course of the trial before the Additional Sessions Judge of Ahmedabad.
(3.) A point was raised before the learned Judge that that Court had no jurisdiction to direct a complaint to be filed in respect of an offence committed before the Court of the Additional Sessions Judge of Ahmedabad. The learned Judge, however, took the view that as a separate Sessions Division of Kaira was constituted under the notification to which I have referred, that Court was really the successor of the Court before which the original case was tried, and as such had jurisdiction to make an order under Section 476, Criminal Procedure Code.;
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