RADHASHYAM DE Vs. STATE

JUDGEMENT

(1.) THIS revisional application is directed against a complaint lodged by a magistrate of Vishnupur under section 476 of the Criminal Procedure Code. The facts are as follows:

(2.) ON February 10, 1965 a proceeding under section 144, Criminal procedure Code, was instituted in the court of the Sub-divisional Magistrate, vishnupur. The first party claimed that he purchased the disputed lands of chaitanya and Radheshyam by a kobala dated December 22, 1964 and the remainder share of Amulya from the heirs of amulya by another kobala dated january 2, 1965. The second party did not admit the execution of the kobalas. They claimed that Radheshyam, son of ram Charan, inherited sixteen annas shara of the property from his grandfather, Makhan Lai De and this radhesmyam settled the land on April 16, 1962 to Dhanraj by virtue of an unregistered amailnama and Dhanraj produced two pieces of paper purported to be receipts for rent and selami granted by radha-shyam. The learned Magistrate held that the case of the second party had no foundation at all and that radheshyam made a misrepresentation on either of the two occasions. He held that he must have made a false statement; in the affidavit dated February 13, 1965 or in the registered kobala dated december 22, 1964. The learned magistrate. , therefore, directed that a misc. case be started against him separately and asked him to show cause by April 15, 1965 why he should not be legally prosecuted for intentionally giving a false statement before a public servant either on February 13, 1965 when he swore an affidavit before B. C. Bhattacharjee, Magistrate, 1st Class, bishnu-pur, or on December 22, 1964 when he admitted the kobala before the sub Registrar, Bishnupur.

(3.) MR. Palit, the learned Advocate for the petitioner, has raised two points; and they are as follows :