1. This is an appeal from an order made under Section 476, Criminal P.C., directing a complain to be made. The complaint is for an offence under Section 193, I.P.C., i.e., complaint for giving false evidence. It appears that the appellant was the first witness for prosecution in a case in which 14 persons were charged with rioting and arson in connexion with soma char lands and it would seem that in the course of his deposition he made contradictory statements and that upon that basis the order complained of has been made. The formal complaint sets out different passages and leaves the matter there with a request to take necessary steps. When we look at the order-sheet of the learned Sessions Judge we find that this order was made on the application of the Public Prosecutor. It seems to have been a fact that the present appellant did his best to say by way of explanation that he was tired and confused and that he did not contradict himself out of malice or wilfully. It does seem to me that to prosecute-people because they give evidence which is contradictory, merely on the basis of that contradiction, is a very doubtful procedure.
2. In the present case the learned Sessions Judge has taken no pains to do what he is ordered to do by Section 476. I look in vain for any recorded finding to the effect that it is expedient in the interests of justice that an enquiry should be made' into the offence in this case. In my judgment as the learned Sessions Judge has not recorded that finding I do not feel it incumbent on me to assume that he properly considered this matter and came to a right conclusion. In my judgment the case is not one which appears to me from a mere existence of contradiction to require in the interests of justice that an enquiry should be made. I would allow the appeal and set aside the order directing a complaint to be made.
C.C. Ghose, J.
3. I agree.