1962 (2) TMI 58

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....both the appeals.)   G.C. Mathur, Advocate, for the appellants (in both the appeals) --------------------------------------------------   The judgment of the Court was delivered by   KAPUR, J.-These are two appeals directed against the order of the High Court of Madhya Pradesh rejecting a reference made by the Sessions Judge against the prosecution of the appellants for ....

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....ffence. The learned Magistrate did not go into the objection on the ground that it was not the proper forum for raising the objection. Four revisions were taken to the Sessions Judge who on May 4, 1959, made a reference to the High Court for quashing the proceedings. But the High Court rejected the reference on the ground that a person making a false return neither acts nor purports to act under t....

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....owingly producing incorrect accounts, registers or documents or knowingly furnishing incorrect information. Section 26 relates to the protection of persons acting in good faith and limitations for suits and prosecutions. The section when quoted is as follows:   "Section 26. (1) No suit, prosecution or other legal proceeding shall lie against any servant of the Government for anything which....

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....o give protection to Government servants in regard to prosecutions or other legal proceedings. That, in our opinion, is not what the words used in sub- section (2) mean. They are words of wider import and would cover cases of all persons including persons other than Government servants. There are no words restricting the meaning of "any person" and no reason has been shown why those words should n....