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Baldeo Das Tansuk Das Vs. Mohamed Inamul Huq Administrator to the Estate of M.A. Huq, Deceased - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in43Ind.Cas.826
AppellantBaldeo Das Tansuk Das
RespondentMohamed Inamul Huq Administrator to the Estate of M.A. Huq, Deceased
Excerpt:
penal code (act xlv of 1860), section 193 - criminal procedure code (act v of 1898), section 195--perjury--sanction for prosecution--statements not absolutely irreconcilable. - 1. this rule was directed against an order of the learned district judge of darjeeling, by which he revoked the sanction granted by the subordinate judge of that district for the prosecution of one inamul huq on a charge of giving false evidence. the sanction for the intended prosecution was based on a series of statements, which in the, view of the subordinate judge who granted the sanction were irreconcilable. we find that these statements were made in the course of a cross-examination which continued for more than a day before a commissioner appointed by the subordinate judge. it does not appear to us that they are in fact absolutely irreconcilable, and we further find that in his subsequent examination on the day following the day on which these statements were made the witness has.....
Judgment:
1. This Rule was directed against an order of the learned District Judge of Darjeeling, by which he revoked the sanction granted by the Subordinate Judge of that District for the prosecution of one Inamul Huq on a charge of giving false evidence. The sanction for the intended prosecution was based on a series of statements, which in the, view of the Subordinate Judge who granted the sanction were irreconcilable. We find that these statements were made in the course of a cross-examination which continued for more than a day before a Commissioner appointed by the Subordinate Judge. It does not appear to us that they are in fact absolutely irreconcilable, and we further find that in his subsequent examination on the day following the day on which these statements were made the witness has supplied explanations which go far to reconcile them. That being so, we are of opinion that in revoking the sanction granted by the Sub. ordinate Judge, then District Judge exercised a sound discretion and we accordingly discharge this Rule.


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