RAJA RAM Vs. EMPEROR

JUDGEMENT

(1.) Upon certain applications being presented against one Kishan Prasad, Central Nazir of Bulandshahr, an enquiry was started by the learned District Judge in the course of which the appellant Raja Ram was examined on oath on 5 and 6th April 1929. The learned District Judge was of opinion that Raja Ram was guilty of deliberate perjury with respect to certain statements and notice was issued on 20 April 1929 to Raja Ram to show cause why his prosecution should not be directed. The order dated 20 April 1929 sets out the statements which were alleged to have been intentionally false.

(2.) As Raja Ram appeared to be on leave the notice of the order dated 20 April could not be served on him. The finding of the learned District Judge is that Raja Ram was deliberately and designedly flouting the order of the Court and evading service. Upon the facts of the case, there can be no doubt that he was deliberately avoiding service.

(3.) Raja Ram is a process server. He had behind him resources aggressively large to prevent the due service of the notice issued by the learned Judge on 20 April 1929. One of the process servers called Abdul Latif stated in his report that Raja Ram had bean seen in Bulandshahr on 20 April 1929 at about 9-30 a.m.