A committal order by a Magistrate is a final order disposing of the proceedings against the accused before that Court, and therefore, a complaint for perjury can be made under Section 479-A, Criminal Procedure Code, based on false evidence given by a witness during the committal proceedings.

( 1 ) THIS is a revision petition directed against an order of the Judicial First Class Magistrate, Banganapalle, dated 16-2-1960 for making a complaint for perjury before him, acting under Section 479-A Cri. P. C.

( 2 ) THE facts relevant for the purpose of this petition are these : The petitioner Dudekula Uastagiramma was a prosecution witness in P. R. C. 1 of 1960 on the file of the Judicial First Class Magistrate, Banganapalle, which was an enquiry for alleged offences punishable under Ss. 147, 148, 302 and 149 I. P. C. against six accused. It would appear that the petitioner had given a statement on oath before the Judicial Second Class Magistrate, Koilakunta under Section 164, Cri. P. C. of having witnessed the occurrence, giving out the names of the assailants and their attack on the deceased.

( 3 ) AS a prosecution witness in P. R. C. 1 of 1960, she denied all knowledge of the occurrence. The Committing Magistrate thereupon proceeded to act under Section 479-A, recording his opinion that the petitioner had given false evidence before him with the intention of suppressing the truth. A complaint was duly made by the said Committing Magistrate to the Judicial First Class Magistrate, Nandyala.

( 4 ) THE point urged in revision is that the Committing Magistrate could not lay the complaint under Section 479-A, Cri. P. C. This argument is put forth on the ground that the committal order of the Magistrate is not a Judgment or a final order within the meaning of Section 479-A, Cri. P. C. It is urged that the Criminal Proceeding against the accused had not terminated before the Committing Magistrate and that it is only when that proceeding against the accused terminated finally that a complaint could, be made.

( 5 ) SRI Jayachandra Reddy cites Hori Ram Singh v. Emperor, AIR 1939 FC 43 and Kuppuswarni Rao v. The King, AIR 1949 FC 1 in support of his argument.

( 6 ) BEFORE I consider the decision T would appropriately read the relevant provision i. e. , Section 479-A, Cri. P. C. , here (so far as it is relevant) :"notwithstanding anything contained in Ss. 476 to 479 inclusive, when any Civil, Revenue or Criminal Court is of opinion, that any person appearing before it as a witness has intentionally given false evidence in any stage of the judicial proceeding. . . . . and that, for the eradication oi the evils of perjury. . . . . and in the interests of justice, it is expedient that such witness should be prosecuted for the offence which appear to have been committed by him, the Court shall, at the time of the delivery of the judgment or final order disposing of such proceedings, record a finding to that effect stating its reasons therefor and may, if it so thinks fit, after giving the witness an opportunity of being heard, make a complaint thereof in writing signed by the presiding officer of the Court setting forth the evidence which in the opinion of the Court is false. . . . . and forward the same to the Magistrate of the first class having jurisdiction, and may, if the accused is present before the Court, take sufficient security for his appearance before the Magistrate and may bind over any person to appear and give evidence before such magistrate. "

( 7 ) A magistrate making an enquiry in a Preliminary Register Case is a Criminal Court and the proceedings before him are judicial.

( 8 ) IN this context the illustration to Section 193 I. P. C. is apposite :"a, in an enquiry before a Magistrate for the purpose of ascertaining whether Z Ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of judicial proceeding, A has given false evidence. "

( 9 ) THERE is therefore no doubt or dubiousness that the Committal Court proceedings were a stage of a judicial proceeding.

( 10 ) NOW, I come to the point taken before me. The section expressly refers to the delivery by that court of a judgment or final order disposing of such proceedings.

( 11 ) SRI Jayachandra Reddy