MATTAN Vs. EMPEROR

JUDGEMENT

(1.) This is an application for revision of an order passed by a Sub-Divisional Magistrate directing the prosecution of the applicant for an offence under Section 182, Indian Penal Code.

(2.) It appears that one Ram Deo lodged a complaint against the applicant of an offence under Section 323, Indian Penal Code, in the Court of the Sub-Divisional Magistrate and the case was made over to a Tahsildar Magistrate for trial The case had not proceeded far when the applicant presented a petition to the Sub- Divisional Magistrate praying him to transfer the case from the Court of the Tahsildar Magistrate to some other Court. In the course of the petition, the applicant stated as one of the reasons for a transfer that the case had been instituted at the instance of the Tahsildar because the applicant had declined to accede to the Tahsildar's request that the applicant should stand security for a man named Manglia. The allegation was entirely without foundation. The Sub- Divisional Magistrate examined the applicant on oath in support of the application for transfer and the applicant then repeated the accusation against the Tahsildar. It is in respect of the accusation that the applicant has been ordered to be prosecuted.

(3.) It has been held repeatedly by this Court that an accused person, who makes a false affidavit in support of an application for transfer, cannot be prosecuted in respect of the affidavit under Section 193, Indian Penal Code, and it has been held that an accused person applying for a transfer cannot be prosecuted under Section 228, Indian Penal Code, in respect of scandalous or insulting allegation made against a Magistrate in the application for a transfer Such a person may be prosecuted under Section 500, Indian Penal Code, in respect of defamatory statements made in the application hut in the only reported case that I am aware of, the prosecution failed on the ground that the ease fell within the 9 exception stated in that section. It appears to me that the applicant cannot be prosecuted under Section 182, Indian Penal Code, in respect of statements made by him during his examination on oath by the Sub-Divisional Magistrate because the statements were made in answer to questions put by the Magistrate and the applicant cannot be said to have been giving information within the meaning of Section 182, Indian Penal Code, when he was under examination.