FAKIR MOHIDEEN; KADIR MURAH Vs. FHARTNETT

JUDGEMENT

(1.) In Criminal M.P. 250 of 1908.

(2.) The complaint against the accused is that on the 11 June last, the accused made a certain statement to the Police Officer making an investigation under Section 174, Criminal Procedure Code, as amended by Act V of 1887, and that on 6 July last he made another statement to the Chief Presidency Magistrate in the course of an enquiry into a certain case and that the two statements are so contradictory that the accused must necessarily be guilty of an offence under Sec. 193, Indian Penal Code, in respect of one or other of the statements.

(3.) The Chief Presidency Magistrate gave sanction for the prosecution on the above complaint. We arc asked to say that the sentence is invalid and to revoke it.