SANTOKH SINGH Vs. IZHAR HUSSAIN

JUDGEMENT

(1.) In this appeal by special leave, the appellant challenges the order of a learned single Judge of the Lucknow Bench of the Allahabad High Court dated May 22 1969 allowing the revision of Izhar Hussain end after setting aside the order of the Sessions Judge. Barabanki dated March 15, 1967 as also that of the Additional District Magistrate (Judicial). Barabanki dated January 11, 1967. directing the Deputy Registrar of the High Court to file a complaint under Section 211. I.P.C. against the appellant for falsely charging Izhar Hussain with offences under Sections 323 and 325 read with Section 149 and under Section 147. I.P.C. in the Court of the Additional District Magistrate (Judicial). Barabanki.

(2.) It appears that pursuant to the first information report (Ext. Ka-9) lodged by Kartar Singh s/o. Shri Lachman Singh at police station Kotwali Sub-District Nawabganj District Barabanki on February 7, 1966. Izhar Hussain respondent and some others were tried in the court of the Additional District Magistrate (Judicial) Barabanki for offences under Sections 147, 323/149 and 326/149, I.P.C. Several witnesses were examined in support of the prosecution case. Santokh Singh appellant appeared as P.W. 4. In his examination in chief. so far as relevant for our purpose he had deposed on September 3, 1966 as follows:-

(3.) The Additional District Magistrate trying the case acquitted all the accused of the offences charged on November 30, l966 In the course of his judgment the learned Magistrate observed inter alia:-