M S SHERIFF Vs. STATE OF MADRAS

JUDGEMENT

(1.) The question in this case is whether an appeal lies to this Court under section 476-B of the Criminal P. C. from an order of a Division Bench of High Court directing the filing of complaint for perjury.

(2.) Two persons, Govindan and Damodaran, filed petitions under S. 491, Criminal P. C. for release claiming that they had been illegally detained by two Sub-Inspectors of Police who are the appellants before us. Govindan said he was being detained by one Sub-Inspector and Damodaran said he was being detained by the other. Both the Sub-Inspectors said that the petitioners were not in their custody. The first Sub-Inspector, who was concerned with Govindan, said that Govindan had never been arrested by him and had not been in his custody at any time.

(3.) Considerable evidence was recorded and documents were field and the District Judge reported that in his opinion the statements made by the two Sub-Inspectors were correct. The High Court disagreed and, after an elaborate examination of the evidence, reached the conclusion that the petitioners were telling the truth and not the Sub-Inspectors. The petitioners were however regularly arrested after their petitions and before the High Courts's order; one was released on bail and the other was remanded to jail custody by an order of a Magistrate. Accordingly their petitions became infructuous and se were dismissed.