NANHU SINGH Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal under Section 476-B, Criminal P. C, and has arisen under the following circumstances;

(2.) Certain persons, Man Singh and others, were being tried before an Honorary Magistrate Mr. Puech, An application to transfer the case from the Court of Mr. Puech to some other Court was made on behalf of the accused persons and in support of that application one Nanhu Singh, the appellant before me filed an affidavit. In that affidavit he made various statements. The District Magistrate transferred the case from the file of Mr. Puech to a Stipendiary Magistrate. Badhu Mal, the complainant at whose instance the criminal case was pending filed a petition before the District Magistrate asking him to file a complaint for the prosecution of Nanhu Singh on the ground that he made various false statements. Badhu Mal enumerated these false statements and these were according to him to be found in paras. 2, 7 and 8 of the affidavit. The District Magistrate directed the Stipendiary Magistrate who was hearing the case against Man Singh and others for a report. That officer reported that the statement in para. 8 of the affidavit was false. The Magistrate did not specify the paragraph by number but his report concerned itself with the statement contained in para. 8 of the affidavit. The District Magistrate, in a very short order directed the filing of the complaint and quoted certain words from para. 2 as being the subject-matter of the complaint.

(3.) Nanhu Singh appealed to the Sessions Judge. That officer came to the conclusion that the subject-matter of para.2 of the affidavit was not a fit statement on I which Nanhu Singh should be charged with perjury. He therefore substituted the statement in para. 8 for the prosecution.