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Issues Involved:
1. Legality of the High Court's direction to file a complaint under Section 211, IPC against the appellant. 2. Interpretation of Section 211, IPC regarding the false charge. 3. Applicability of Section 479-A, Cr.P.C. and its bar on prosecution for giving false evidence. 4. Jurisdiction of the High Court to make an order of complaint. Detailed Analysis: 1. Legality of the High Court's Direction to File a Complaint under Section 211, IPC: The appellant challenged the High Court's order directing the filing of a complaint under Section 211, IPC, arguing that the direction was unjustified and based on a misreading of evidence and erroneous view of law. The High Court had observed that the appellant had falsely implicated Izhar Hussain, a minor, in a crime, and thus, it was expedient in the interest of justice to file a complaint. However, the Supreme Court noted that the Additional District Magistrate, who acquitted the accused, did not hold that the appellant had falsely charged Izhar Hussain, nor did he consider it expedient to prosecute the appellant under Section 211, IPC. The Supreme Court concluded that the High Court's direction was based on a misunderstanding of the appellant's evidence and was not justified. 2. Interpretation of Section 211, IPC Regarding the False Charge: The Supreme Court analyzed whether the appellant's statement as a witness could be construed as "falsely charging" Izhar Hussain under Section 211, IPC. It was argued that the appellant's identification of Izhar Hussain during the trial amounted to a false charge. However, the Court held that "falsely charges" must refer to the initial accusation intended to set the criminal law in motion, not to statements made during the trial. The Court emphasized that the false charge should be made to a person in authority or someone capable of initiating criminal proceedings, not merely as a witness's deposition. Therefore, the appellant's statement did not constitute a false charge under Section 211, IPC. 3. Applicability of Section 479-A, Cr.P.C. and Its Bar on Prosecution for Giving False Evidence: The Court examined the applicability of Section 479-A, Cr.P.C., which provides a special procedure for dealing with perjury and fabrication of false evidence. The section requires the court to record a finding of false evidence at the time of delivering its judgment. In this case, the Additional District Magistrate did not record such a finding, and thus, proceedings under Section 479-A were deemed incompetent. The High Court's attempt to prosecute the appellant under Section 211, IPC, was seen as circumventing the bar imposed by Section 479-A. The Supreme Court held that the appellant's deposition could not be considered a false charge under Section 211, IPC, and thus, prosecution under Section 479-A was barred. 4. Jurisdiction of the High Court to Make an Order of Complaint: The Supreme Court questioned whether the High Court had the jurisdiction to direct the filing of a complaint. According to Section 195(3), Cr.P.C., it is either the trial court or a superior court to which the trial court is subordinate that can make such an order. The Additional District Magistrate's court was not subordinate to the High Court. Therefore, the High Court lacked jurisdiction to make the order. The Supreme Court noted that if the High Court found serious legal infirmity or manifest error in the lower courts' orders, it should have remanded the case for reconsideration rather than directly ordering the complaint. Conclusion: The Supreme Court allowed the appeal, setting aside the High Court's order. The Court held that the appellant's statement did not constitute a false charge under Section 211, IPC, and prosecution under Section 479-A, Cr.P.C., was barred. Additionally, the High Court lacked jurisdiction to direct the filing of a complaint. The Court emphasized the need for judicial discretion and the larger interest of the administration of justice in deciding whether to prosecute for false statements.
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