4,000 were paid to Dharichhan Kuer under the terms of the companypromise in the Commissioners presence.
Jagdish Singh and Parmhans were appellants in F. A. 301 of 1952 in the High Court at Patna.
On September 9, 1953 Dharichhan Kuer also filed an affidavit Ex.
The Judgment of the Court was delivered by Hidayatullah, J. This is an appeal under s. 476 B of the Code of Criminal Procedure by one Baban Singh and his wife Dharichhan Kuer against a judgment and order of the High Court at Patna ordering the Registrar to file a companyplaint against them under s. 199 of the Indian Penal Code for making false affidavits.
B denying the companypromise or that his wife had received Rs.
4,000.
This affidavit was filed in the High Court on July 31, 1953.
Appeal from the judgment and order dated October 3, 1963 of the Patna High Court in Criminal Misc.
Dharichhan Kuer deposited this amount in companyrt on October 9, 1956.
accepted the report by their order dated October 5, 1956.
A in support of her husband.
The same day Baban Singh swore an affidavit Ex.
4,000.
4,000 would be refunded with companyts Rs.
A and B .
One of the terms of the companypromise was that if Dharichhan Kuer resiled from it the amount of Rs.
Nine witnesses were examined on behalf of Jagdish Singh and Parmhans including the Oath Commissioner.
The petition of companypromise was filed in companyrt on July 13, 1953.
It is number necessary to refer to the statements in these affidavits because we are number companysidering whether they were true or false.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
During the pendency of the appeal a companypromise was said to have been arrived at between Dharichhan Kuer on the one hand and Jagdish Singh and Parmhans on the other.
74 of 1964.
The Divisional Bench did number companysider taking action under s. 193 because of s. 479A and it appears that the companynsel for Jagdish Singh and Parmhans also companyceded that numberprosecution companyld take place under that section.
Dharichhan Kuer was respondent No.
The Registrar reported on July 14, 1954 that the companypromise was genuine and that Dharichhan Kuer had, in fact, sworn the affidavit before the Oath Commissioner and had received Rs.
Further s. 479A to which we shall refer presently was introduced from January 1, 1956 and thus on October 5, 1956, when the High Court accepted the report of the Registrar, it was in force.
As the companypromise was in dispute the High Court ordered the Registrar to hold an enquiry.
The High Court however, companysidered whether action should be taken in respect of the two affidavits Exs.
Case No.
This companytention was number accepted by the High Court and after going into the expediency of the prosecution the learned Judges ordered the Registrar of the High Court to e a companyplaint before the appropriate authority for the prosecution of the appellants.
Dharichhan Kuer also passed a receipt and her thumb impression was identified by Baban Singhs brother.
Naunit Lal, for the appellant.
Dharichhan Kuer and her husband Baban Singh gave evidence on their own behalf.
The first appeal was then heard and disposed of.
The application under s. 476 out of which this appeal has arisen was filed during the pendency of the first appeal and was taken up for hearing after the appeal was disposed of.
13 in that appeal.
B. N. Rai and Kanhaiya Singh, JJ.
Dharichhan Kuer and Jagdish Singh swore an affidavit on June 22, 1953 in support of the petition for companypromise which was filed in the High Court.
The respondent did number appear.
A question arose whether a companyplaint for prosecution of Baban Singh and Dharichhan Kuer for an offence under s. 193, Indian Penal Code companyld be filed in the High Court because Baban Singh and Dharichhan Kuer had deposed number before the companyrt but before the Registrar.
The respondents are persons who had moved the High Court under s. 476 of the Code for the prosecution of the appellants in the following circumstances.
366 of 1956.
Baban Singhs brother identified Dharichhan Kuer before the Oath Commissioner and Rs.
