( 1 ) JABIR Singh has filed this revision application against the order of the learned Sessions Judge of Bulandshahr directing the filing of a complaint against the applicant for his prosecution for perjury.

( 2 ) THE facts giving rise to this revision application are that one Malkhan Singh was prosecuted for an offence punishable under Section 382,. P. C. , and the applicant Jabir Singh was examined in that case as a prosecution witness. In cross-examination he was asked to state whether or not he had been convicted under the Martial Law and sentenced to imprisonment for 18 months having spent that period in Agra Jail. The applicant denied that he was ever convicted and confined in Agra jail. The question was not put apparently with a view to check the credibility of the witness. Malkhan Singh was acquitted in that case. Thereafter he moved under Section 476, cr. P. C. , the Magistrate who tried him requesting that Court to make a preliminary inquiry and file a complaint for the prosecution of the applicant for perjury. It appears that evidence was given before the learned Magistrate to prove that the applicant was convicted and was confined as a prisoner in Agra Cent