' The applicant who stood surety for accused Amanullah in Bail Application No,98 of 1994 in the Court of learned Sessions Judge, Hyderabad has called into question the show-cause notice issued by learned Sessions Judge and the order, dated 10-10-1994 taking cognizance of the offences under sections 193 and 205, P.P.C. Within the meaning of section 476, Cr.P.C.
2. Along with his affidavit of solvency the applicant submitted his National Identity Card which was suspected and referred to the Assistant Director, District Registration Office, Hyderabad for verification and report. The latter on his part reported that the applicant has obtained duplicate Identity Card by making a false statement and they contravened the provisions of section 11 of National Registration Act, 1973. On receipt of this report, learned Sessions Judge issued a show- cause notice calling upon the applicant to show cause within seven days as to why he should not be prosecuted for offences punishable under sections 193 and 205, P.P.C.
3. Applicant submitted a detailed reply to the notice explaining his position and stating that he had neither committed perjury nor impersonated anyone else as he has appeared himself genuinely and obtaining a duplicate National Identity Card had nothing to do with the offences alleged against him. Learned Sessions Judge being not satisfied with this reply took a view that the applicant had produced a forged Identity Card and sworn a false affidavit by styling himself as Yousuf son of Fateh Muhammad. He, therefore, decided to proceed against the applicant as stated above.
4. After hearing learned counsel for the parties and perusing the report submitted by the Assistant Director, District Registration Office and looking into photo copies of the original N.I.C. As well as duplicate N.I.C. And a glance at both the original N.I.Cs. I am of the view that the photograph is one and the same except that there has been a charge in physique and clothing by reason of difference of the period, otherwise there is hardly any difference. It is conceded at the bar that the applicant Muhammad Yousuf appeared for himself as a genuine person without committing an act of impersonation within the meaning of section 205, P.P.C. The report relied upon by the learned Sessions Judge tends to show that there was some tampering with the photograph affixed on the original N.I.C. Which might be in contravention of the provisions of the National Registration Act of which cognizance by a Court of law could only be taken on the written complaint of the Registrar, General Registration vide section 12.
5. In the facts stated above and from the record, it is highly difficult to subscribe to the view that the applicant had prima facie committed offences under sections 193 and 205, P.P.C., therefore, show- cause notice issued to him as well as the cognizance of the offences taken was bad in law. Both the orders are; therefore, liable to be set aside and I order accordingly. With these observations, revision application as well as miscellaneous application stands disposed of.