DARSHAN SINGH Vs. JAYANTI PRASAD JOSHI

JUDGEMENT

(1.) This revision raises an important question, namely, whether a person filing in a court of law a document purporting to be, but not verified as, an affidavit commits an offence under Secs. 193 and 199, I.P.C.

(2.) The brief facts are:-The applicant and five others were accused in a case filed by the opposite party Jayanti Prasad Joshi under Secs. 148, 379, 427 and 447, I. P. C. The complaint was transferred to the court of Sri K. S. Pathak, Special Magistrate first class, who, after recording the statement of the complainant Sec. 200, Cr. P. C. and making an enquiry under Sec. 202, Cr. P. C. issued processes against the applicant and others. On the 25th March 1960 the applicant made an application for transfer in the court of the District Magistrate, Dehra Dun, supported by a document purporting to be an affidavit but not verified, as required by law. A report was called for from the Special Magistrate who denied some of the allegations made in the so-called, affidavit. The application for transfer was dismissed by the District Magistrate on the 4th May 1960.

(3.) Thereupon the opposite party Jayanti Prasad Joshi made an application under Sec. 476, Cr. P. C. in the court of the District Magistrate alleging that the averments made by the applicant Darshan Singh in the affidavit were false, and therefore a complaint under Sec. 193, I. P. C. be filed against him.