DR. MAUJI LAL Vs. STATE

JUDGEMENT

(1.) THESE two connected applications under Section 561A Code of Criminal Procedure relate to a proceeding under Section 476, Code of Criminal Procedure pending against the two applicants in the court of the learned Munsif, City Kanpur. The proceeding under Section 476, Code of Criminal Procedure arose under the following circumstances.

(2.) A certain case was pending on the file of the learned Munsif city, Kanpur. In that case Surajbhan Misra filed an affidavit to the effect that, Kapoor Chand Defendant was suffering from influenza. In support of the affidavit a medical certificate issued by Dr. Mauji Lal was filed. The Court perused a report on the same point by another Dr. S.C. Gupta. Dr. Gupta's report was to the effect that Kapoor Chand Defendant was not ill. The learned Munsif thought that, Prima facie Surajbhan Misra's affidavit and the medical certificate issued by Dr. Mauji Lal were both false, and that an inquiry should be made against Surajbhan Misra and Dr. Mauji Lal in this connection. So on 25 -7 -1957 the learned Munsif passed the following order:

(3.) THE first point that strikes one is that, the order under consideration has been passed by a Civil Court, and that the present applicants are seeking, remedy under a provision under the Code of Criminal Procedure. The question, therefore, arises whether any relief can be granted to the applicants under Section 561A, Code of Criminal Procedure, assuming that the procedure adopted by the learned Munsif is wrong.