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RAJENDRA BADAMIKAR
JAGDISH CHANDRA SIDDARAMAPPA PATIL – Appellant
Versus
STATE – Respondent
JUDGMENT :
Rajendra Badamikar, J.
1. The petitioner has filed this petition under Sec. 482 of Cr.P.C. for setting aside the order dtd. 18/4/2015 passed in C.C.No. 2621/2015, arising out of Crime No. 50/2013, which is pending on the file of I Additional JMFC, Kalaburagi.
2. The facts leading to this case are that the petitioner was a complainant in Crime No. 50/2013 against four accused persons registered for the offences punishable under Ss. 341, 323, 324, 504, 506 read with Sec. 34 of the Indian Penal Code, 1860 (for short 'IPC')- The investigating officer has subsequently submitted the charge sheet and case was registered in C.C.No. 3199/2013 against the accused therein. The matter went for trial and after appreciating the evidence on record, the learned Magistrate by order dtd. 18/4/2015 acquitted accused Nos.1 to 4 for the offences punishable under Ss. 341, 323, 324, 504, 506 read with Sec. 34 of IPC and set them at liberty. However, he has passed further order that in view of the observations made in paragraph Nos.29 to 31 against PW.1/complainant/present petitioner, he shall be tried summarily for giving false evidence before the Court and in his further order, the learned Magis
The need for consistency in the application of legal provisions and the requirement to follow the appropriate procedure as contemplated under Sec. 195(1)(b)(i) of IPC and to decide whether to proceed....
For prosecution under Section 193 IPC, a deliberate falsehood in significant matters must be established, not mere contradictions or inaccuracies.
The main legal point established is the discretion of the Court of Session or Magistrate of the first class to try offenders summarily under Section 344 Cr.P.C., and the provision for staying further....
The main legal point established in the judgment is that the procedure under Sections 195 and 340 of the Cr.P.C. for prosecuting the offense of alleged false evidence is mandatory, and not all contra....
Cognizance of perjury under Section 193 IPC cannot be taken without following the procedure outlined in Section 195 of the Cr.P.C.
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