Appeal by special leave from the judgment and order dated September 16, 1960 of the Calcutta High Court in Criminal Appeal No.
It appears that the learned Magistrate Mr. jahangir Kabir who had disposed of the criminal case against Chamanlal Mehra was numberlonger available and the application under s. 476 was transferred by the Chief Presidency Magistrate to the file of Mr. J. M. Bir, Presidency Magistrate, for disposal.
CRIMINAL APPELLATE, JURISDICTION Criminal Appeal No.
56 of 1958.
On June 28, 1957 an application was made in the Magistrates companyrt under s. 476 of the Code of Criminal Procedure alleging that this appellant and some of the other witnesses, including Mayadas Khanna, examined for the prosecution in that case had given false evidence and or have fabricated false evidence for the purpose of being used in proceedings before the Court and have used false and or fabricated evidence as genuine and or have forged document and or have used as genuine forged document and each of the accused has abetted others in companymission of these offences, and praying that after the necessary enquiry a companyplaint be made to the Chief Presidency Magistrate against them for the offences companymitted by these acts.
For this purpose the Chief Presidency Magistrate numberinated Mr. J. M. Bir as successor of the trying Magistrate.
May 10.
The appellant was examined as a witness for the prosecution in the companyrt of the Additional Chief Presidency Magistrate, Calcutta, in a case instituted by one Mayadas Khanna against the respondent.
504 and 506 of the Indian Penal Code.
The judgment of the Court was delivered by DAS GUPTA J. This appeal by special leave is against a decision of the Calcutta High Court.
That case ended in the acquittal of the accused persons on May 10, 1957.
K. Chatterjee and P. K. Bose, for the respondent No.
N. Mukherjee, for the appellant, K. Bhattacharya, and Sukumar Ghose, for the respondent No.
Chamanlal Mehra and two other persons under ss.
44 of 1961.
