THAKUR LAL Vs. MAHABIR PRASAD SHARMA

JUDGEMENT

(1.) THAKUR Lal and others were prosecuted for several offences, including the offence under section 302, I. P. C. They were committed to the Court of Sessions. Eechu Pande and Pashupati pande were two of the prosecution witnesses in that casa Their statements were recorded under section 164, Criminal P. C. , on 3-10-1952. They were later examined before the committing magistrate on 24-6-1953. The sessions trial started on 14-9-1953.

(2.) ON 20-8-1953, the opposite party Sri Mahabir Prasad Sharma, Public Prosecutor, Ghazipur, filed an application before the committing Magistrate for filing a complaint against Bechu Pande and Pashupati Pande for an offence under Section 193, I. P. C. on the ground that they had made contradictory statements in their statements recorded under Section 164, Criminal P. C. , and later in the. Court of the Magistrate, The Magistrate issued notices to those witnesses and the proceedings under Section 476, Criminal P. C. , remained pending till 28-12-1953, when the magistrate ordered that they were premature and that an application to that effect could be made after the decision of the sessions case. He accordingly discharged those persons. The sessions case was decided in January 1954 and resulted in the acquittal of the applicant and his co-accused.

(3.) THAKUR Lal filed his application before the decision of the sessions case for taking action against Mahabir Prasad Sharma for his committing contempt of Court of the Sessions Judge, ghazipur, before whom the case under Section 302, I. P. C. was pending. The opposite party in his reply stated that he had put in the application for action under Section 476, Criminal P. C. , on the report of B. B. Singh, Inspector, Criminal Investigation Department, and that, if he had committed any contempt, he threw himself at the mercy of the Court and tendered unconditional apology.