1. - By this criminal miscellaneous petition moved under Section 482, Cr.P.C. petitioner Ramesh Kumar has challenged the finding recorded by the learned Chief Judl. Magistrate, Jodhpur in Criminal Case No. 118/93 whereby, in para 16 of the judgment, the trial Court took cognizance under Section 344(1) of the Code of Criminal Procedure against the petitioner for making false statement on oath before the Court in criminal trial conducted against accused Naresh Singh and Smt. Rajbala. The petitioner was examined in the trial as D.W. 2.

2. I have heard learned counsel for the petitioner as well as Public Prosecutor for the State. Perused the order impugned. I have also carefully gone through the statement of petitioner Ramesh Kumar recorded by the trial Court.

3. The petitioner has proved certain memos prepared by the Food Inspector at the time of taking sample from the shop of accused Naresh Singh and Smt. Rajbala. The petitioner has admitted his signatures on the various memos viz., Ex.. 8, Ex. 9, Ex. 10 and Ex. 12 vide which sample was taken by the Food Inspector, PW. 1. PC. Harsh. It appears that on certain points this witness (petitioner herein) failed to support the prosec