CHANDRASHEKHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the order of 228 -1979 of the Third Additional Sessions judge Dhar in Misc, Criminal case No.5 of 1979, directing the preparation of a complaint by him with a view to launching a prosecution against the appellant Chandrashekhar before the Chief Judicial Magistrate, Dhar for offences punishable under sections 182 and 193 of the Indian Penal Code.

(2.) THE facts necessary for the decision of this appeal in short are that due to suspected illicit intimacy between the appellant Chandnhekhar and one Radhakrishan's wife, the said Radhakrishan on 7 -10 -1978 at about 11:30 P.M. dealt a number of blows on the appellant Chandrashekhar by mean of a sickle near his temporary house in Dhar town. The matter was reported telephonically to the Local Police. The injured appellant on 8 -10 -1978 at 1:10 a.m. lodged the first information report. He as well as the other witnesses of the incident were interrogated and ultimately the said Radhakrishan was prosecuted and tried for an offence punishable under section 307 Indian Penal Code for intentionally causing such injuries under such circumstances to the appellant Chandrashekhar that had Chandrashekhar died, he (Radhakrishan) would have been guilty of Chardraihekhar's murder Chandrashekhar during the course of trial residing from what he had stated in the first information report deposed that he could not identify the assailant. The result was that Radhakishan was acquitted of the offence charged. The learned Judge however, observed that Chandrashekhar, considering that he had deposed facts contrary to what he had stared in portions B to B, C to C and D to D in the first information report (Ex P -3) and that the tendency to depose falsely was in the increase, be prosecuted for either of the offence punishable under section 182 and 193 of the Indian Penal Code. The learned Additional Sessions Judge thereafter proceeded to ask Chandrashekhar why he should not be prosecuted under those sections. The appellant Chandrashekhar did raise objection to his being prosecuted but the Additional Session Judge overruled his objection, by his order which is being challenged in this appeal.

(3.) AS regards the offence punishable under section 193, Indian Penal Code, that section runs as follows: