Judgment

RAGHUBAR DAYAL, J. : Narain Das filed a civil writ petition under Art. 226 of the Constitution in the High Court of Judicature at Allahabad. He subsequently moved an application under S. 476 of the Code of Criminal Procedure (hereinafter called the Code) for making a complaint under S. 193, Indian Penal Code, against Phanish Tripathi alleging that a certain statement in an affidavit filed by the latter was false. The learned Judge who heard this application, holding that the appellant had not succeeded in showing that any portion of the affidavit of Tripathi filed on May 14, 1959, was false, dismissed the same. It is against this order of the learned Judge of the High Court that Narain Das has filed this memorandum of appeal under S. 476B of the Code. The Registry has submitted the memorandum of appeal with a report for determining the question whether the appeal is competent in this Court.

2. Section 476 of the Code is to be found in Ch. XXXV which is headed Proceedings in case of certain Offences Affecting the Administration of Justice . Section 476 empowers any Civil, Revenue or Criminal Court, when it is of the opinion that it is expedient in the interests of justice th