SATIS CHANDRA MALLIK Vs. EMPEROR

JUDGEMENT

(1.) This rule was directed against an order for a complaint to be made against certain persons for the offence of perjury and kindred offences in connexion with the conduct of a proceeding Udder Section 145, Criminal P.C. The Magistrate made the order and the learned Sessions Judge has confirmed it.

(2.) One ground that is taken is that having regard to the fact that in the proceeding under Section 145 it was held that it was not maintainable, the order of complaint was bad. There is no substance in this because the proceedings themselves were perfectly in order and were in no sense illegal, and therefore, the utmost that can be said is that it is a matter which might be considered as a possible element upon the question whether it was expedient in the interests of justice to make the complaint.

(3.) Another ground is that the order should not have been made because the dakhilas in respect of which the offence is alleged were not material to the case. But that however does not appear to be in accordance with fact because they were intended to support the case made by the party producing them that he was in exclusive possession of the particular portion of the land.