STATE OF BOMBAY Vs. PREMDAS SUKRITDAS GADHEWAS KOSHTI

JUDGEMENT

(1.) This is a reference by the Additional Sessions Judge, Nagpur, recommending tat proceedings under S. 476, Cr. P. C. pending before Magistrate, Third Class, Nagpur, upon an application made by one Jivtya requesting that Court to file a complaint against two persons Premdas and Ramchandra under Ss. 193 and 211, I. P. C. be quashed. The learned Magistrate overruled the objection taken before him that no proceedings under S. 476, Cr. P. C. could be taken because the Magistrae who tried the case had not taken proceedings under S. 479A, Cr. P. C. (which will hereinatter be referred to as the Code). The learned Additional Sessions Judge, recommends that proceedings under S. 476 should be quashed as he is of the opinion that as the Magistrate had not taken any action under S. 479A of the Code, it was not open to take proceedings under S. 476 of the Code. The learned Judge has relied on Jai Bir Singh v. Malkhan Singh, AIR 1958 All 364; Narajappa v. Chikkaramiah, AIR 1959 ys 117; Mannaal v. Ramkishan, AIR 1959 Madh ra 164 and Parshottam Lal v. Madan Lal, AIR 1959 Punj 145, in support of his view that no recourse can be had to the provisions of s. 476 of the Code when no action has been taken against the alleged perjurer under S. 479A. The reference therefore raises an important question as to the scope of Ss. 476 to 479-A of the Code.

(2.) These sections are in Chapter XXXV of the Code which refers to proceedings in cases of certain offences affecting administration of justice. Section 476 provides the procedure of inquiry and complaint by any civil, revenue or criminal Court on an application made to it or otherwise in regard to offences referred to in S. 195(1), clause (b) or clause (c), which appear to have been committedin, or in relation to, a proceeding in that Court. Other procedural matters are also dealt with in this section. Section 476B then provides for an appeal against the order of the Magistrate under s. 476, eigher making a complaint or refusing to make a complaint. For the purposes of this reference it is unnecessary to refer to Ss. 476A, 478 and 479. The next important section is S. 479A which prescribes the procedure in certain cases of false evidence. For the purposes of this reference sub-section (1) , sub-section (3) and sub-section (6) of this section are important and they are as follows:

(3.) But, with great respect, the effect of Ss. 476 to 479A is different. Section 476 provides for an inquiry on an application made to a Civil, Revenue, or Criminal Court or otherwise in respect of an offence referred to in S. 195(1), clause (b) or clause (c). Section 476B also makes a provision for appeals against an order refusing to make a complaint under S. 476 or making a complaint under S. 476. But S. 479A deals with the procedure in certain cases of faise evidence, cases where a Civil, Revenue, or Criminal Court in its judgment expresses the opinion that any person appearing before it as a witness has intetionally given false evidence in any stage-of the judicial proceeding, or has intentionally fabricated false evidence for the purpose of being used in any stage of the judicial proceedings, and that, for the eradication of the evils of perjury and fabrication of false evidence and in the interests of justice, it is expedient that such witness should be prosecuted for the offence which appears to have ben committed by him. The section provides that in such cases where the court at the time of elivery of the Judgment or final order disposing of such proceedings, records a finding to that effect, stating its reasons therefor the Court may if it so thinks fit after giving the witness an opportunity of being heard make a complaint thereof setting forth the evidence whichin its opinion is false or fabricated. Sub-section (3) of S. 479A provides that there shall be no appeal against such a finding and complaint made under sub-section (1).