SITA RAM Vs. JAGAN LAL

JUDGEMENT

(1.) THIS is a revision under Section 115. Civil P. 0. by Sita Ram against the order dated 22. 2-1964 of the Additional Civil Judge of Bulandshahr allowing the appeal of Jagan Lal, opposite party and thereby remanding the application under Section 476, Criminal P. C. for hearing on merits in accordance with the law.

(2.) THE Additional Munsif before whom the application under Section 476, Criminal P. C. was made was of opinion that in view of Section 479-A, Criminal P. C. , the application was not maintain, able and no complaint could be made after the decision of the case. The learned Civil Judge has, however, taken a contrary view holding that the present case was not covered by Section 479-A, Criminal P. C. on account of the present applicant having filed an affidavit, and not made a statement before the Court of law, in other words, in the eye of law, he had not appeared as a witness.

(3.) THE effect of Section 479-A, Criminal P. C. can now be said to be beyond any controversy. What Sub-section (6) thereof lays down is that no proceeding shall be taken under Section 476, Criminal P. C. i. e. , for the prosecution of a person for giving or fabricating false evidence, if in respect of such a person proceeding could be taken under Section 479. A, Criminal P. C. Swearing a false affidavit and filing it in Court amounts to giving false evidence or fabricating false evidence. Consequently, the instant case would be covered by Section 479-A, Criminal P. C. if it be found that the false evidence was given or false evidence was intentionally fabricated by a person "appearing before it as a witness". If the person cannot be deemed to be one appearing before the Court as a witness, Section 479. A, Criminal P. C. shall be inapplicable and, consequently, proceeding under Section 476, Criminal P. C, can be taken,