- (1.) THIS petition under Section 561a of the Code of Criminal Procedure which has been referred to this Bench by Grover J. raises the interpretation of Section 479a of the Code.
(2.) THE matter arose in the following manner. Parshotam Lal who is the petitioner before us filed a suit against Madan Lal for the recovery of a sum of money. He appeared as a witness on his own behalf and also called one Satya Parkash who gave evidence for him. The suit was eventually decreed in favour of Parashotam lal but while it was still pending, Madan Lal on 17-6-1957; made an application to the 'trial Judge that Parshotam Lal and his witness Satya Parkash had both been guilty of committing perjury and should be prosecuted. Madan Lal pointed out the specific false statement and mentioned the evidence by which he proposed to support the charge of perjury. No order was passed on this application and the suit was decided on 2-7-1937. It appears that the Sub-Judge accepted the testimony of Parshotam Lal and his witness Satya Parkash and made no adverse comments on their credibility or veracity. An appeal against the decree has been filed and we are told that the appeal is pending. However, on 15-7-1957, i. e. , a few days after the decree was passed, Madan Lal made, a second application to the Sub-Judge praying for the prosecution of Parshotam Lal and Satya Parkash for the offence of perjury. This application was made under Section 476 of the Code. Parshotam Lal took objection that this application was not competent because the matter not having been dealt with under Section 479a (i), no further action could be taken against him and Satya Parkash. The Sub-Judge repelled this objection and, took the view that Section 479a did not abrogate the provisions of Section 476, Criminal procedure Code, which remained "alive with full force. " He therefore directed the applicant (Madan Lal) to produce evidence in support of his application. Parshotam Lal brought the matter up to this Court under the provisions of Section 561a of the Code of Criminal Procedure, and when this matter came before grover, J. sitting singly, he took the view that the scope and effect of the provisions contained in Section 479a were of a difficult nature and were likely to be raised in numerous cases that may have to be decided by subordinate Courts or by this Court. He therefore directed that the matter be considered by a Division bench.
(3.) SECTION 479a which was recently enacted is in the following terms: 479a. (1) Notwithstanding anything contained in Sections 476 to 479 inclusive, when any Civil Revenue or Criminal 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 evils 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 the judgment or final order disposing of such proceeding, record a finding to that 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 and may, if the accused is present before the Court, take sufficient security for his appearance before such Magistrate and may bind over any person to appear and give evidence before such Magistrate: provided that where the Court making the complaint is a High court, the complaint may be signed by such officer of the court as the Court may appoint. Explanation: For the purposes of this subsection, a Presidency magistrate shall be deemed to be a Magistrate of first class. (2) Such Magistrate shall thereupon proceed according to law and as if upon complaint made uner Section 200. (3) No appeal shall lie from any finding recorded and complaint made under Sub-section (1 ). (4) Where, in any case, a complaint has been made under Sub-section (1) and an appeal has been preferred against the decision arrived at in the judicial proceeding out of which the matter has arisen, the hearing of the case before the Magistrate to whom the complaint was forwarded or to-whom the case may have been transferred shall be adjourned until such appeal is decided; and tha Appellate Court, after giving the person against whom the complaint has been made an opportunity of being heard, may, if it so thinks fit, make an order directing the withdrawal of tho complaint; and a copy of such order shall be sent to the Magistrate before whom the hearing of the case is pending. (5) In any case, where an appeal has been preferred from any decision of a Civil, Revenue or Criminal Court but no complaint has been made under Sub-section (1), the power conferred on such Civil, Revenue or criminal Court under the said Sub-section may be exercised by the appellate Court; and where the Appellate Court makes such complaint, the provisions of Sub-section (1) shall apply accordingly, but no such order shall be made, without giving the person affected thereby an opportunity of being heard. (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 proceeding's may be taken under this section. ";