BALBIR SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal reference has been made by the Sessions Judge, Agra, recommending that the order of the III Assistant Sessions Judge, Agra, dated 3.12.1973 directing the filing of a criminal complaint against Balbir Singh for perjury may be quashed.

(2.) THE material facts leading to this refe­rence are these; There was a criminal trial before the Assistant Sessions Judge for commission of dacoity in the house of Padam Singh, father of Balbir Singh, on the night between 21st and 22nd Sep­tember, 1971. Chandra Bhan was one of the accused persons in this case. According to the prosecution Chandra Bhan was identified by Balbir Singh amongst other witnesses. An identifica­tion parade was held in which Balbir Singh recognised Chandra Bhan and made a statement before the Committing Magis­trate to the effect that he did not know Chandra Bhan from before. This evi­dence was repeated by him when he was reproduced at the trial before the Assis­tant Sessions Judge. But he admitted in cross-examination that he knew Chandra Bhan from before and that his statement before the Committing Magistrate that he did not know him from before was wrong and his subsequent statement in the court of Sessions was correct. On the basis of this statement the Assistant Sessions Judge held that the earlier statement of Balbir Singh before the Committing Magistrate was false; that he had perjured himself and directed under section 479-A of the Code of Criminal Procedure that a complaint for making a perjured state­ment before the Committing Magistrate should be lodged against him. Balbir Singh filed a revision against this order before the Sessions Judge who has recom­mended that the order of the Assistant Sessions Judge may be quashed.

(3.) I accept the reference, although for different reasons, and quash the order of the Assistant Sessions Judge dated 3.12.73 passed against Balbir Singh under section 479-A of the Code of Criminal Procedure .