Cognizance of perjury under Section 193 IPC cannot be taken without following the procedure outlined in Section 195 of the Cr.P.C.

ORDER :

Y. LAKSHMANA RAO, J.

The Revision has been preferred under Sections 397 and 401 of Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C') against the judgment dated 18.06.2009 in Crl.A.No.18 of 2009 on the file of the I Additional District & Sessions Judge, Ongole, confirming the conviction and sentence passed by the learned Special Judicial First Class Magistrate, Excise Court, Ongole vide judgment in C.C.No.53 of 2007 dated 27.01.2009 against the petitioners/A2 to A5.

2. A1 Ambati Chinnammai was died and the case against her was abated before the learned Trial Court.

3. As the petitioners and A1 had not supported the case of the prosecution in S.C.No.79 of 2004 on the file of Principal Assistant Sessions Judge, Ongole, the learned Principal Assistant Sessions Judge, while convicting the accused therein ordered for prosecution of the petitioners for resorting to perjury as contemplated under Section 193 of the Indian Penal Code, 1860 , (for short 'the I.P.C'). Ironically, the learned Principal Assistant Sessions Judge, Ongole instead of adopting procedure contemplated under Sec.195 of 'the Cr.P.C .,' he himself gave a direction to the Station House Officer, Santhanuthalapadu to register a case for the offence under Section 193 of 'the I.P.C.,' vide Ex.P1. Based on the direction of the learned Principal Assistant Sessions Judge, Ongole the Station House Officer, Santhanuthalapadu registered the copy of the judgment in S.C.No.79 of 2004 as a case in Crime No.79 of 2005 for the offence punishable under Section 193 of 'the I.P.C'. The learned Trial Court after due trial found the petitioners guilty for the offence under Section 193 of 'the IPC' and passed the sentence. The learned Appellate Court also, as observed supra, confirmed the judgment.

4. I have heard the arguments of the learned counsel for the petitioners and the learned Assistant Public Prosecutor.

5. Sri V.V.N. Nasimham, learned counsel for the petitioners submitted that on a plain reading of Section 195 of 'the Cr.P.C .,' in juxtaposition with Section 193 of 'the I.P.C.,' the learned Principal Assistant Sessions Judge, Ongole, had erred in directing the Station House Officer, Santhanuthalapadu, to register a case against the petitioners for the offence punishable under Section 193 of 'the IPC'. The learned Principal Assistant Sessions Judge, Ongole, ought to have either directed any Court subordinate to it or the Chief Ministerial Officer of the Court authorizing him in writing or the Presiding Officer himself in writing made a complaint to the Sub Inspector of Police, Santhanuthapadu for initiating appropriate proceedings and requested to allow the revision case.

6. Per Contra, Ms. P. Akila Naidu, learned Assistant Public Prosecutor, also fairly submits to pass appropriate orders as per the merits of the case.

7. Thoughtful consideration is bestowed on the arguments advanced by the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. I have perused the record.

8. Now the point for consideration is:

“Whether the judgment in Crl.A.No.18 of 2009 on the file of the I Additional District & Sessions Judge, Ongole, is correct, legal, and proper with respect to its finding, sentence, or judgment, and there are any material irregularities? And to what relief?”

9. For better understanding and appreciation of the case, it is opposite to extract the relevant provisions of 'the I.P.C.,' and 'the Cr.P.C'. Section 193 of 'the I.P.C.,' reads as follows:

"193. Punishment for false evidence.— Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabri− cates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine,

Explanation 1.—A trial before a Court−martial is a judicial proceeding.

Explanation 2.—An investigation directed by law preliminary to a proceeding before