JUDGMENT

Srivastava, J. - Two reports were lodged at the police station Sadar Bazar, Saharanpur, on the 27th of May 1952 and the 28th of May 1952, by Sri Durga Prasad Khosla, It is suggested that the reports were lodged with the connivance and collusion of Sri Bal-want Singh Vakil, Munshi Atma Kam and Ch. Wall Mohammad. Sri Durga Prasad Khosla mentioned certain facts in his reports and said On their basis that he apprehended a breach of peace on behalf of Dr. Jamuna Prasad and Sri Ghasita Singh. He wanted action to be taken against them. On the 30th of May 1952 the police submitted a challan against the two persons and proceedings were started against them u/s 107 Cr. P. C.

On the 27th of July 1952 the Additional City Magistrate, who was dealing with the case, dropped the proceedings finding that there was no sufficient ground to proceed. Sri Durga Prasad Khosla then went up in revision to the Sessions Judge but his revision application was dismissed. He then filed an application in revision in the High Court and the case was remanded to the learned Magistrate for disposal according to law. Evidence was thereupon recorded by the Magistrate and Sri Durga Prasad Khosla as well as Sri Balwant Singh, Munshi Atma Ram and Ch. Wali Mohammad gave evidence. A letter Ex. 1 said to have been written by Sri Balwant Singh was also produced.

The Magistrate after considering the evidence again dropped the proceedings on the 3rd of March 1956 on the ground that: no case had been made out. On the 10th of April 1956 Dr. Jamuna Prasad and Sri Ghasita Singh filed an application purporting to be one u/s 476 Cr. P. C. praying that a complaint be filed against Sri Durga Prasad Khosla and the three other persons who had appeared as witnesses in the case so that they may be tried for the offences punishable under Sections 193 211 342 500 109 114 and 120B I. P. C.

The application was opposed on behalf of the four persons concerned on various grounds and after hearing the parties the learned Magistrate ordered on the 11th of July 1956 that a complaint be filed against the four persons abovementioned charging them with offences punishable under Sections 193 211 and 500 I. P. C. because it was expedient in the interests of justice that those persons be prosecuted for those offences and a prima facie case had been made out against them on the materials on the record.

A complaint was actually sent by the learned Magistrate in pursuance of the order on the 17th of July 1956, but somehow in this complaint Sri Durga Prasad Khosla was charged with offences punishable under Sections 193 211 120B and 500 I. P. C. Sri Balwant Singh was charged under Sections 193 120B and 500 I. P. C. Munshi Atma Ram was charged under Sections 193 120B and 500 I. P. C. and Ch. Wali Mohammad was charged under Sections 193 120B and 500 I. P. C. Against the order of the Magistrate directing the complaint to be filed and the complaint which was filed two appeals were preferred u/s 476B Cr. P. C. to the Court of Session--one (Criminal Appeal No. 349 of 1956) by Sri Durga Prasad Khosla and the other (Criminal Appeal No. 371 of 1956) by Sri Balwant Singh, Munshi Atma Ram and Ch. Wali Mohammad. The main contentions which were pressed by the appellants in the two appeals were four:

(1) That in the circumstances of the case no complaint should have been ordered to be filed against the appellants at all.

(2) That in any case the learned Magistrate having directed that a complaint be filed for the offences punishable under Sections 193 211 and 500 I. P. C. only there could be no justification for charging the appellants for the other offences with which they had been charged in the complaint.

(3) That the complaint u/s 193 I. P. C. could not have been filed on the date on which it was filed in view of the provisions of Section 479-A of the Code.

(4) That no prima facie case having been made out a complaint should not have been filed even u/s 211 I. P. C.

On behalf of Dr. Jamuna Prasad and Sri Gha-sita S