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Judgment
Manish Pitale, J
This Revision Application was mentioned in the morning at 10.30 a.m. for urgent listing on the ground that the Applicant was taken into custody on 21.12.2021 to serve out a sentence of simple imprisonment for a period of three years.
Considering the urgency of the matter, the application was directed to be listed at the end of the admission board.
By this Revision Application, the Applicant has challenged concurrent orders passed against him by the Magistrate and the Sessions Court, whereby he has been convicted under Section 193 of the Indian Penal Code (IPC) and sentenced to suffer simple imprisonment for a period of three years and to pay fine of ₹ 10,000/-.
According to the learned Counsel appearing for the Applicant, the Magistrate as well as the Sessions Court have erred in failing to carry out the exercise to examine as to which of the statements of the Applicant i.e. the statement under Section 164 of the Cr.P.C. or the statement made in evidence before the Sessions Court, could be said to be false statement. In the absence of such an exercise being carried out, the Magistrate committed an error in simply relying upon the prima facie observations made by the Sessions Court while passing order dated 14.08.2003 leading to lodging of the complaint against the Applicant.
Since an arguable case is made out on behalf of the Applicant, Admit.
Call for records and proceedings.
Mr. Faldessai, Additional Public Prosecutor, waives notice on behalf of Respondents-State.