DINA NATH Vs. NEK RAM

JUDGEMENT

(1.) THE sanction cannot stand either on facts or law. In the first place, on the face of it, Dina Nath has not committed perjury because the assertions which he made were, according to his affidavit, not from his personal knowledge but from what he had been told, and there is nothing whatever to show that these assertions were not correct. Apart from that, the District Judge could not possibly sanction a prosecution for perjury in respect of an affidavit sworn before him as District Registrar. Section 195 of the Criminal Procedure Code has no application.

(2.) I allow this application and set aside the proceedings of the District Judge, dated, the 25 September 1922, ordering the prosecution of Dina Nath on a charge under Section 193 of the Indian Penal Code.