COURT REPORTS [1964] VOL. versus RAGHUBIR PROSAD DUDHEWALLA

COURT REPORTS [1964] VOL. versus RAGHUBIR PROSAD DUDHEWALLA

Section 479A CrPC has no application to prosecution for offences other than s. 193 IPC and cognate sections in Chapter XI; for other offences, such as forgery and conspiracy, ss. 476, 477, 478, and 479 CrPC continue to apply even after the enactment of s. 479A.

Parties
Appellant: Raghubir Prosad Dudhewalla; Respondent: Chamanlal Mehra; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
10 May 1963
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order of the Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
False Evidence, Forgery, Conspiracy, Bar Under S. 479 a, Application of Ss. 476, 477, 478, 479 Cr PC
Criminal Law Procedure False Evidence Forgery Conspiracy Bar Under S. 479 a Application of Ss. 476, 477, 478, 479 Cr PC

Case Brief

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Parties

Raghubir Prosad Dudhewalla

Appellant

Chamanlal Mehra

Respondent

Respondent No. 2

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order of the Calcutta High Court

Legal Issues

  1. 1 Whether s. 479A of the Code of Criminal Procedure bars prosecution of witnesses for offences other than s. 193 or cognate sections in Chapter XI, such as forgery and conspiracy to commit forgery
  2. 2 Whether action under s. 476 CrPC can be taken for such other offences

Ratio Decidendi

Section 479A CrPC has no application to prosecution for offences other than s. 193 IPC and cognate sections in Chapter XI; for other offences, such as forgery and conspiracy, ss. 476, 477, 478, and 479 CrPC continue to apply even after the enactment of s. 479A.

Court Disposition

Appeal dismissed