( 1 ) THE police of Mahmudabad, district Sitapur, submitted a charge sheet against Khunnoo Khan and thirteen others. One of the accused Puttoo-was acquitted by the judicial Officer, Sidhauli and the remaining twelve accused persons were acquitted on appeal by the learned Civil and Sessions judge by judgment dated 6-2-1960. During the trial Lal Behari, the present applicant before us, was examined as a prosecution witness and he stated that Sheo Ram was not his cousin and that sheo Rams father Rani Bilas and Lal Beharis father Ram Prasad were not real brothers. It was submitted in an application under Section 476, Cri. P. C. by Khunnoo Khan that Lal Behari had intentionally given false evidence in the course of judicial proceedings to impress his independent character as a witness. The first application under Section 476, Criminal Procedure Code was preferred on 16-2-1960-Arguments were heard and the case was reserved for judgment. Then the learned magistrate wanted to hear further arguments. These further arguments were also heard and a date was given for final orders. Then the learned counsel for Khunnoo Khan gave an application that he wanted time to place before the Co