This court dismissed an application under Section 482 of the CrPC. The applicant challenged an order refusing to summon the opposite party to punish for giving false evidence under Section 193 IPC regarding an affidavit filed before a Sub-Divisional Magistrate.
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 16040 of 2022
Applicant :- Awadhesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra,Om Prakash Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Order passed by the Addl. Chief Judicial Magistrate, Court No. 7, Allahabad dated 21.4.2022 is challenged insofar as it refuses to grant the prayer made by the applicant to summon the opposite party in respect of the alleged offence committed under Section 193 IPC. According to the applicant, a false afÏdavit before the Sub Divisional Magistrate was filed by the Opp. Party and, therefore, he is liable to be punished under Section 193 IPC also .
Section 193 IPC provides for punishment for giving false evidence in any stage of a judicial proceeding or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding. Admittedly the proceedings before the Sub Divisional Magistrate in respect of demarcation etc. are not the judicial proceedings and the offence under Section 193 IPC accordingly would not be made out in such circumstances. The Additional Chief Judicial Magistrate has also recorded that since no afÏdavit has been filed before his Court, therefore, cognizance cannot be taken of an offence under Section 193 IPC on account of submission of the alleged false afÏdavit before the Magistrate.
I find no perversity or error of jurisdiction in the order of Magistrate concerned, which may require any interference by this Court.
Dismissed, accordingly.
Order Date :- 28.6.2022 n.u.
Digitally signed by NASEEM UDDIN Date: 2022.06.29 17:57:18 IST Reason: Location: High Court of Judicature at Allahabad
Awadhesh Kumar
Ashwani Kumar Mishra
As recorded by the court registry
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