( 1 ) IN this reference by a Single Judge the question raised is as to the applicability of Section 476 of the Code of Criminal Procedure to a witness who is stated to have given false evidence in a judicial proceeding and against whom no proceedings under Section 479-A of the Code were taken.

( 2 ) THE matter arises thus. The opponent Ramsaran while giving evidence on behalf of the plaintiffs in a suit denied his relationship with two of the plaintiffs. After the disposal of the suit the petitioner Dhansingh, who was one of the defendants, presented an application under Section 476 for a complaint being filed against Ramsaran in respect of an offence under Section 193 I. P. C. alleging that the statements made by Ramsaran denying his relationship with the plaintiffs were false. No action of any kind under Section 479-A had been taken against Ramsaran at the time of the delivery of the judgment in the suit. The trial Judge rejected the application as in his opinion it was not expedient in the interests of justice to prosecute Ramsaran. Dhansingh then preferred an appeal before the 1st Additional District Judge, Chhindwara, who rejected the appeal holding on the authori