JUDGMENT - RELE B.J., J. : - These two Revision Applications are disposed of by a common judgment as they arise out of the same facts. The only reason why these two Revision Applications came to be filed is that the cases of the two petitioners were separated by the learned trial Magistrate and hence as a matter of procedure these two Revision Applications have been filed. In substance, the point arising in these two Revision Applications is the same.

2. The Rule raises an important question of law on the interpretation of section 344 of the Code of Criminal Procedure, 1973. The question is whether, once proceedings are initiated under section 344 of the Code of Criminal Procedure, 1973, by the Magistrate against witnesses appearing in any proceedings before him on the ground that the witnesses had knowingly or wilfully given false evidence or had fabricated false evidence, with the intention that such evidence should be used in such proceedings, the Magistrate can, during the course of such proceedings, initiate proceedings under section 340 of the Code of Criminal Procedure.

3. The facts giving rise to these Revision Applications are that the accused one Babulal Walchand Shah was c

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