A writ petition constitutes a judicial proceeding, and intentionally making a false statement on oath in such a proceeding warrants prosecution under Section 193, IPC.

( 1 ) BY filing this Civil Miscellaneous Application in Writ Petition No. 425 of 1998 (Gulshan Rai Nagpal v. Principal, Sikkim Government Law College and others), the Principal, Government Law College respondent No. 1 (hereinafter referred to as the applicant) has, inter alia, made prayer to initiate necessary proceedings against the writ-petitioner, Gulshan Rai Nagpal (hereinafter referred to as OP) for making false statement on oath before this Court in Writ Petition No. 425 of 1998. By extracting paragraph 3 from writ petition No. 425 of 1998, the applicant, Principal, Government Law College has drawn the attention of the Court that Gulshan Rai Nagpal, the OP has made false statement on oath in the face of a representation submitted by the students of the Sikkim Government Law College including Gulshan Rai Nagpal, the OP which has been filed as Annexure A-1 to the application. Paragraph 3 of writ petition is extracted below :-"3. That the schedule time for conducting the evening classes for three year L. L. B. Course was from 4. 00 p. m. onwards but the Principal, Sikkim Govt. Law College, all of a sudden in the midst of the session, arbitrarily, changed the evening classes hours from 4. 00 p. m. onwards to 1. 45 p. m. onwards on the assurance, that, students, who would be unable to attend classes because of change of classes hours, should be given attendance to appear in the final year Examination to be held in 1998. The Principal, thus bye-passed the norms of the North Bengal University, unlawfully and changed the schedule time of evening classes. "

( 2 ) THE relevant text of letter Annexure A-1 to the application signed by 22 students is reproduced below :-"to the Principal, sikkim Government College, gangtok, Sikkim. 17/11/1997. Sub: Change in timings for classes (3 yrs. course ). Respected Sir, as we are facing some problems to attend evenings classes i. e. from 4 p. m. onwards, a meeting of the students was held today i. e. on 17/11/1997 and it was decided that classes for Final Year (3 year course) may be conducted from 2. p. m. onwards. Therefore and accordingly it is requested to your kindself to change the timings of our said classes and we shall be very thankful if our request is accepted and classes are being conducted from 2 p. m. onwards. Thanking you in anticipation. Yours faithfully, sd/-students. "the applicant stated that the OP made false statement on oath and has in the verification verified te same to be true to his knowledge. It is stated that the timings for classes were changed/altered at the instance and/or request of the students. Altogether, 22 students signed the application on 17/11/1997 for change of time. The OP was one of the signatories to the said application at Sl. No. 7. The applicant stated that it is clear from paragraph 3 and Annexure A-1 extracted above that the OP has made false statement on oath and verified the same as true to his knowledge and as such the OP has committed an offence under Section 193 of the Indian Penal Code (in short IPC ).

( 3 ) VIDE order dated 4/08/1998 passed in this Civil Misc. Application, this Court directed the issue of show cause notice to Gulshan Rai Nagpal, the O. P. as to why a proceeding under Section 193, IPC or under any other law shall not be initiated against him. Gulshan Rai Nagpal, the O. P. in his show cause stated that the application filed by the Principal, Sikkim Government Law College, the applicant is in misconceived as he had not made any incorrect or false statement on oath in paragraph 3 of writ petition No. 425 of 1998. Gulshan Rai Nagpal, the O. P. admitted that he is one of the signatories in the Annexure A-1 filed by the Principal, Sikkim Government Law College to this misc. case. He stated that when difficulties of the lecturers to conduct classes for 5 years LLB. Course in the morning and classes for three years LLB. (Final Year) Course in the evening came to light, Gulshan Rai Nagpal along with seven others, whose names w