BHADIRAJU VENKATA LOVARAJU Vs. TIGUTI VENKATA PEDDIRAJU

JUDGEMENT

(1.) The point of law that falls for determination in this revision referred to the Division Bench is whether for filing of the complaints for offences relating to giving or fabricating false evidence in judicial proceedings, it is the procedure prescribed under section 476 Criminal Procedure Code or one under section 479-A Criminal Procedure Code that should be followed.

(2.) The distinction is material and important, as under section 476 Criminal Procedure Code a complaint can be laid by the Court either suo motu or on an application made by a party after the proceedings in which the alleged false evidence had terminated, whereas under section 479-A Criminal Procedure Code, if the Court thinks that it is expedient in the interests of justice that the witness has given false evidence or has intentionally fabricated false evidence in the said proceedings and should be prosecuted for the said offence which appears to have been committed by him, the Court at the time of the delivery of judgment or final order disposing of such proceedings should record a finding to that effect stating its reasons therefor and may, if it so thinks fit, after giving the witness an opportunity of being heard, make a complaint thereof in writing signed by the presiding officer of the Court setting forth the evidence, which in the opinion of the Court, is false or fabricated and forward the same to the Magistrate of the First Class having jurisdiction.

(3.) If no such procedure had been adopted, sub-clause (6) of the same section places an embargo on action being taken otherwise, as it says that no proceedings shall be taken under sections 476 to 479 inclusive for the prosecution of a person for giving or fabricating false evidence, if in respect of such a person proceedings may be taken under this section.