ORDER S.D. Khare, J. - These are two applications in revision by the same person, namely, Ram Babu, against two orders passed by the learned Addl. Distt. Magistrate, Jhansi, on 31st May, 1963, u/s 476 Code of Criminal Procedure directing that the applicant be prosecuted for giving false evidence or declaration. 2. The prosecution case was that in two different cases Ram Babu applicant had filed affidavits and given declaration stating wrong facts. The Addl. Distt. Magistrate dismissed both the aforesaid applications and by two separate orders passed on 31st May, 1S63, considered the desirability of making a complaint against Ram Babu for giving false evidence and declaration u/s 163 and 199 IPC, and filed complaints against him. 3. In both these applications a common question of law arises, whether it was open to the Addl. Distt. Magistrate in such a case to proceed u/s 476 Code of Criminal Procedure when he had passed no order for the prosecution of Ram Babu applicant u/s 479A Code of Criminal Procedure. 4. The relevant portion of Section 479-A Code of Criminal Procedure reads: (1) Notwithstanding anything contained in Sections 476 to 479 inclusive when any civil, criminal or revenue Court is of opinion that any person appearing before it as a witness has intentionally given false evidence in any stage of the judicial proceeding or has intentionally fabricated false evidence for the purpose of being used in any stage of the judicial proceeding, and that, for the eradication of the evils of perjury and fabrication of false evidence and in the interests of justice, it is expedient that such witness should be prosecuted for the offence which appears to have been committed by him, the Court shall, at the time of the delivery of judgment or final order disposing of such proceeding record a finding to this effect stating its reasons therefor and may, if it so thinks fit, after giving the witness an opportunity of being heard, make a complaint thereof in writing signed by the presiding officer of the Court setting forth the evidence which, in the opinion of the Court, is false or fabricated and forward the same to a Magistrate of the first class having jurisdiction.... (6) No proceedings shall be taken under Sections 476 to 479 inclusive for the prosecution of a person for giving or fabricating false evidence, if in respect of such a person proceedings may be taken under this section. 5. In none of the transfer applications an order was passed by the Magistrate u/s 479-A Code of Criminal Procedure subsequent to the dismissal of the transfer applications. He proceeded in both the cases merely under the provisions of Section 476 Code of Criminal Procedure. Sub-section (6) of Section 479-A is clear on the point that no proceeding shall be taken u/s 476 for the prosecution of a person for giving or fabricating false evidence if in respect of such a person proceedings could have been taken u/s 479-A Code of Criminal Procedure. Bearing in mind the non-obstante clause at the commencement of Section 479-A and the provisions of Sub-section (6) it would follow that only the provisions of Sub-section (1) of Section 479.A must be resorted to by the court for the purpose of making a complaint against a person for intentionally giving false evidence or for intentionally fabricating false evidence at any stage of the proceeding before it. 6. The law on the point is now well-settled by the case of Shabir Hussain Bhblu v. State of Maharashtra 1963 AWR 242 S.C. No prosecution can be ordered where no order had been made u/s 479-A Code of Criminal Procedure. 7. Both the revision applications are, therefore, allowed, the order in the two cases passed by the Addl. Distt. Magistrate u/s 476 Code of Criminal Procedure on 31st May, 1963, for the prosecution of the applicant in respect of offences punishable Under Sections 193 and 199 I.P.C. is set aside and the applicant is discharged.