JUDGMENT - (1) This is a reference by the Additional Sessions Judge, Nagpur, recommending tat proceedings under S. 476, Cr. P. C. pending before Magistrate, Third Class, Nagpur, upon an application made by one Jivtya requesting that Court to file a complaint against two persons Premdas and Ramchandra under Ss. 193 and 211, I. P. C. be quashed. The learned Magistrate overruled the objection taken before him that no proceedings under S. 476, Cr. P. C. could be taken because the Magistrae who tried the case had not taken proceedings under S. 479A, Cr. P. C. (which will hereinatter be referred to as the Code). The learned Additional Sessions Judge, recommends that proceedings under S. 476 should be quashed as he is of the opinion that as the Magistrate had not taken any action under S. 479A of the Code, it was not open to take proceedings under S. 476 of the Code. The learned Judge has relied on Jai Bir Singh v. Malkhan Singh, AIR 1958 All 364; Narajappa v. Chikkaramiah, AIR 1959 ys 117; Mannaal v. Ramkishan, AIR 1959 Madh ra 164 and Parshottam Lal v. Madan Lal, AIR 1959 Punj 145, in support of his view that no recourse can be had to the provisions of s. 476 of the Code when no action has been taken against the alleged perjurer under S. 479A. The reference therefore raises an important question as to the scope of Ss. 476 to 479-A of the Code.

(2) These sections are in Chapter XXXV of the Code which refers to proceedings in cases of certain offences affecting administration of justice. Section 476 provides the procedure of inquiry and complaint by any civil, revenue or criminal Court on an application made to it or otherwise in regard to offences referred to in S. 195(1), clause (b) or clause (c), which appear to have been committedin, or in relation to, a proceeding in that Court. Other procedural matters are also dealt with in this section. Section 476B then provides for an appeal against the order of the Magistrate under s. 476, eigher making a complaint or refusing to make a complaint. For the purposes of this reference it is unnecessary to refer to Ss. 476A, 478 and 479. The next important section is S. 479A which prescribes the procedure in certain cases of false evidence. For the purposes of this reference sub-section (1) , sub-section (3) and sub-section (6) of this section are important and they are as follows:

"(1) Notwitstanding 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 judical proceeding, ot has intentionally fabricated false evidence for the purpose of being used in any stage of the judical proceeding, and that, for the eradication of the evils of perjury and fabrication of false evidence and in the interests of justice, it is expedient that such witness should be prosecuted for the offence which appears to have been committed by him, the Court shall., at the time of the delivery of the judgment or final order disposing of such proceeding, record a finding to that effect stating its reasons therefore 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 or fabricated and forward the same to a Magistrate of the first class having jurisdiction, and may, if the accused is present beofre the Cort, take sufficient security for his appearance before such Magistrate and may bind over any person to appear and give evidence before such Magistrate":

(3) No appal shall lie from any finding recorded and complaint made under sub-section 91)".

"(6) No procedings shall be taken under sections 476 to 479 inclusive for the prosecution of a person for giving or fabricating false evidence, if in respect of such a person proceedings may be taken under this section".

Some High Courts have taken t

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