P H JANARDHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.607 of 2000 on the file of the XV Metropolitan Magistrate, Hyderabad.

(2.) The relevant facts, in brief, are as follows: "The present petitioner-accused was a witness in S.C.No.62 of 1993 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad. The said case ended in conviction against which criminal appeal was filed before this Court and this Court while dismissing the appeal, gave direction to the police to file charge sheet against the present petitioner-accused who was examined as PW-1 in that case for the offences punishable under Sections 191 and 193 I.P.C. The police on such direction filed charge sheet against the petitioner-accused before the learned Magistrate and the learned Magistrate took cognizance of the offences punishable under Sections 191 and 193 I.P.C. and issued process to the accused. Aggrieved by the same, the present petitioner-accused filed this petition contending that the learned Magistrate has no jurisdiction to take cognizance of the offences as there is a bar under Section 195(1)(b) of the Cr.P.C. The learned counsel for the petitioner contended that there is a clear bar under Section 195(1)(b) Cr.P.C. for taking cognizance of the offences punishable under Sections 193 to 196 I.P.C. viz. for giving false evidence on police charge sheet and therefore the impugned orders are liable to be quashed. Learned Additional Public Prosecutor could not explain as to how the Magistrate can take cognizance of the offence of giving false evidence punishable under Section 193 I.P.C. on the basis of police report. He submitted that the High Court passed order in Crl. Appeal No.1226 of 1994 directing the police to file charge sheet against PW-1, the police filed charge sheet.

(3.) The point that arises for determination in this petition is: