BADDU KHAN Vs. EMPEROR

JUDGEMENT

(1.) The applicant in revision, Baddu Khan, was an accused in a criminal case, and applied to this Court for transfer. In support of that application he filed an affidavit affirmed by himself in which the statement occurred: That one Shib Lal... who is a relation of the complainant (Nand Kishore) owns a shop in Kashipur where the complainant and the trying Magistrate both often come: and sit together.

(2.) The trying Magistrate, Mr. Sadanand in his explanation, replied as follows: (1) It is a fact Lala Shib Lal is some relation of the complainant. (2) It is altogether false that I ever saw the complainant at the ship of Lala Shib and that I had any talk with the complainant.

(3.) Mr. Justice Dalal, in view of this denial, ordered the prosecution of Baddu Khan under Section 199, I.P.C., for having made a, false statement in the affidavit to the effect that the complainant, Nand Kishore, and the Magistrate, Mr. Sadanand often came and sat together at the shop of Shib Lal who is admittedly a relation (first cousin) of the complainant, Nand Kishore. As a result of this order a prosecution was started which resulted in the conviction of the accused by the Joint Magistrate, and a sentence of six months rigorous imprisonment, which conviction and sentence were upheld by Mr. Thurston, the Sessions Judge of Allahabad.