DESAI, J. - (1.) THIS is an application in revision against an order of the Sessions Judge. Allahabad upholding an order of a first class Magistrate lodging a complaint against the applicant under Section 193, Penal Code.
(2.) IN 1943, Abdul Hakim filed a complaint under Section 323, Penal Code against the applicant Mohammad Farooq and others. During its pendency, Abdul Hakim, the applicant and the other accused of that case executed an agreement, dated 6th May 1943, referring the dispute between them to Maulvi Tufail Ahmad for arbitration. The arbitrator heard the parties and gave a written award dated 13th May 1943. It is signed by Abdul Hakim, the applicant and the other accused of that case. The award was acted upon and Abdul Hakim got his complaint dismissed.
(3.) IN 1948 the police prosecuted the applicant and six others in a criminal Court. The applicant in reply instituted a complaint under Sections 147, 323, etc., Penal Code against Abdul Hakim, Tufail Ahmad and others. This Tufail Ahmad is different from the arbitrator Maulvi Tufail Ahmad. In order to avoid confusion, I would refer to Maulvi Tufail Ahmad as the arbitrator and this Tufail Ahmad, simply as Tufail Ahmad. The applicant was examined as a prosecution witness in the complaint filed by him against Abdul Hakim etc. In the course of his deposition he made a certain statement on 31st December 1948 which Abdul Hakim considered to be false. Both the cases ended in acquittal. On 2nd February 1949, Abdul Hakim made an application before the Court which tried the cases to draw up proceedings under Section 476, Criminal Procedure Code against the applicant for committing perjury on 31st December 1948. The applicant was summoned by the Court and filed a written statement denying that there was any falsehood in his deposition. The Court finding that he had committed perjury and that it was necessary in the interest of justice to have an enquiry made into the offence committed by him, ordered a complaint for the offence under Section 193, Penal Code to be lodged against him. That order has been upheld by the learned Sessions Judge.;