SHABIR HUSSEIN BHOLU vs STATE OF MAHARASHTRA

The Supreme Court held that the provisions of Section 479A of the Code of Criminal Procedure, 1898, were not complied with in the prosecution of the appellant for perjury after the conclusion of the trial. The Court established that the opinion and conclusion required for prosecution under Section 479A must be formed at the time of the judgment, and if not, no action can be taken under Sections 476 to 479. The appeal was allowed, and the prosecution order was quashed as it was not legally sustainable.