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Dina Nath Vs. Nek Ram - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All175; 74Ind.Cas.75
AppellantDina Nath
RespondentNek Ram
Excerpt:
criminal procedure code (act v of 1898), section 195. applicability of - perjury before district judge as registrar--sanction for prosecution-- district judge, jurisdiction of. - stuart, j.1. the sanction cannot stand either on facts or law. in the first place, on the face of it, dina nath has not committed perjury because the assertions which he made were, according to his affidavit, not from his personal knowledge but from what he had been told, and there is nothing whatever to show that these assertions were not correct. apart from that, the district judge could not possibly sanction a prosecution for perjury 2. i allow this application and set aside the proceedings of the district judge, dated, the 25th september 1922, ordering the prosecution of dina nath on a charge under section 193 of the indian penal code.
Judgment:

Stuart, J.

1. The sanction cannot stand either on facts or law. In the first place, on the face of it, Dina Nath has not committed perjury because the assertions which he made were, according to his affidavit, not from his personal knowledge but from what he had been told, and there is nothing whatever to show that these assertions were not correct. Apart from that, the District Judge could not possibly sanction a prosecution for perjury

2. I allow this application and set aside the proceedings of the District Judge, dated, the 25th September 1922, ordering the prosecution of Dina Nath on a charge under Section 193 of the Indian Penal Code.


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