LAWS(PVC)-1917-7-147

DIGAMBAR CHAKRAVARTI Vs. RAM TARAN MITTER

Decided On July 02, 1917
DIGAMBAR CHAKRAVARTI Appellant
V/S
RAM TARAN MITTER Respondents

JUDGEMENT

(1.) In this case the petitioner has been committed to the Court of Session to take his trial on a charge under Section 471 read with Section 467 of the Indian Penal Code.

(2.) It appears that one Nimai Haldar and others brought a suit to recover possession of some 3 bighas of land. They asserted, it would seem, that they were petitioner s tenants and cited him to depose as a witness and to produce his title-deed. He produced as his title-deed the document now said to be a forged document and gave evidence with regard to it.

(3.) We are invited in the present application to quash the commitment and in support of the application three contentions are advanced before us. It is urged, firstly, that no sanction having yet been given for the prosecution of the plaintiffs, the prosecution of the petitioner should not be allowed to proceed; secondly, that no sanction having been given for the prosecution of the petitioner under Section 193 of the Penal Code in respect of the statements he made regarding the document, the prosecution in respect of the documents itself should not be permitted; and thirdly, that on the facts alleged by the prosecution there has been no user by the petitioner.