M S JAGGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application by the accused against the order of the learned Judicial Magistrate, First Class, Cuttack dated 14.11.1985 passed in 2(a) CC; No. 23 of 1982 deciding to frame charge against him under section 199 of the Indian Penal Code.

(2.) In this court the accused himself presented his case and I have heard him at length on 16.1.1986, 21.1.1986, 24.1.1986 and today keeping in mind that having the normal emotions of an accused to get rid of the blame put on him, he is likely to feel aggrieved in case sufficient opportunity is not given to him to exhaust all his submissions.

(3.) Section 199, Indian Penal Code reads as follows: 199. Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence. M. S. Jaggi Vs. The State following ingredients are to be satisfied: