PREM NARAIN Vs. STATE,

JUDGEMENT

(1.) ON the complaint of Prem Narain, the petitioner herein, one Om Parkash Malhotra was tried on the charges under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code. The case was tried by Sh. Muni Lal Jain, Special Judge. The Special Judge found Om Parkash Malhotra guilty of the offences charged with and sentenced him to various terms of imprisonment.

(2.) WHILE disposing of the case the Special Judge was of the view that Prem Narain had made intentionally false statement and to eradicate the evil of perjury and in the interests of justice it is expedient that Prem Narain be prosecuted for the offence under Section 193 of the Indian Penal Code, and accordingly issued notice to him to show -cause why a complaint under Section 193 of the Indian Penal Code be not filed against him. The Special Judge was not satisfied with the explanation offered by Prem Narain and by an order dated 25th January, 1973 ordered that a complaint under Section 193 of the Indian Penal Code be filed against Prem Narain.

(3.) OM Parkash Malhotra filed an appeal in the High Court against his conviction and sentence. The appeal was heard by V.D. Misra, J. His Lordship by his judgement dated 31st July, 1972 affirmed the conviction and sentence awarded to the appellant therein. Mr. Justice Misra in his judgement found that Prem Narain had told lies.