G. NARSIMULU Vs. STATE OF A.P.

JUDGEMENT

(1.) There are two appellants in this appeal. They are aggrieved by the order dated 18. 06. 2007 passed in CC No. 444 of 2007 by Judicial Magistrate of First Class, Mahabubnagar.

(2.) The I Additional District and Sessions Judge, Mahabubnagar, in Judgment dated 02. 06. 2007 in NDSC No. 1 of 2004 gave a finding that the claim of PWs. 1 and 2 that they have either signed or affixed thumb impressions in white papers brought by the excise officials and that PW. 1 has audacity to say that because Excise S. I. was his friend, he had readily obliged to put his signatures in some white paper and that the same prima facie attracts offence punishable under section 193 IPC. PW. 2 has also no explanation why he had obliged the Excise Officials to affix his thumb impressions in the criminal records and that the very conduct of readily obliging excise officials to sign indiscriminately in white papers tantamounts to fabrication of false evidence for the purpose of being used in any stage of judicial proceedings. Therefore, both PWs. 1 and 2 are liable to be prosecuted under Section 193 IPC and accordingly complaint is to be lodged by the office.

(3.) On perusal of the record, pursuant to the said judgment, the I Additional District and Sessions Judge, Mahabubnagar, lodged a compliant dated 14. 06. 2007 with the Judicial Magistrate of First Class, Mahabubnagar, against the appellants herein for taking necessary action against them as per law. It is relevant to note that the appellant No. 1, G. Narasimulu, is PW. 1 and appellant No. 2 - J. Narayana, is PW. 2 in NDSC No. 1 of 2004. Thereafter, the Judicial Magistrate of First Class, Mahabubnagar, passed an order on 18. 01. 2007 in CC No. 444 of 2007, which is as follows: