1. It is clear that the petitioners did not institute or cause to be instituted criminal proceedings against the acting Reddi. What petitioner 1 did was to petition the Collector in his revenue capacity for a refund of the money, which he alleged the Reddi had collected from him and misappropriated.
2. It was the Deputy Collector's order directing the prosecution of the Reddi which initiated the proceedings for an offence under S. 409, I.P.C
3. Without pronouncing any opinion whether the petitioners are liable to be prosecuted for giving false evidence before the joint Magistrate, we find the order under Section 476 of the Cr PC, directing their prosecution for an offence under S. 211, I.P.C, cannot stand, and we accordingly set it aside.
S.N/R.K
4. Order set aside.