ISMAIL KHAN Vs. STATE

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner under S. 482, Cr. P.C. against the order dated 24-11-1990 passed by the J.M.F.C. Shahapur, in C.C. No. 1215 of 1985.

(2.) I have heard the learned counsel for the petitioner and the learned Government Pleader fully and perused the record of the case.

(3.) The Shahapur Police filed charge sheet against five persons alleging that they have committed the offences punishable under Ss. 143 and 506, IPC. and also under S. 2 of the Karnataka Prevention of Incitement of Refuse or to Defer Payment of Tax Act, 1981. The learned Magistrate framed charges for the said offences against the accused in that case and all the accused pleaded not guilty to the charge and claimed to be tried. Thereafter the prosecution led its evidence and after hearing both sides the learned Magistrate acquitted the accused in that case under S. 248(1), Cr. P.C. for the offences alleged against them. While acquitting the accused in the said case, he also ordered the case to be registered against P.W. 1 Md. Ismail Khan, son of Md. Yaseen Khan, Village Accountant, Sagar, for the offence punishable under S. 193, IPC and he ordered for issue of show cause notice to the said P.W. 1 as to why he should not be punished for giving false evidence in the judicial proceedings.