Judgment

MUDHOLKAR, J. : In this appeal by special leave from the judgment of the Bombay High Court the question which arises for consideration is whether the Chief Presidency Magistrate, Bombay, could not take cognizance of a complaint against the appellant for an offence under S. 193, Indian Penal Code, because the Additional Sessions Judge, Bombay, who filed that complaint had failed to follow the procedure laid down in S. 479-A of the Code of Criminal Procedure.

2. The appellant was a witness for the prosecution at the trial of one Rafique Ahmad before the Additional Sessions Judge, Greater Bombay, for offences of murder and abetment of murder, along with two other persons. When the appellant had been examined as a witness before the committing magistrate he deposed that in his presence Rafique Ahmed had stabbed the deceased Chand while he was running away. When, however, he was examined at the trial before the Court of Sessions three months later the appellant stated that while he was standing on the threshold of his house he saw Rafique Ahmed and his two associates coming from the direction of the Muhammaden burial ground. According to him one of them had a dagger while the oth