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K.P.BALANARAYANA MARAR
Johnson – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K.P. BaIanarayana Marar, J. - Appellant was a witness in Sessions Case 63/92 before Sessions Court, Thrissur. He was treated hostile to the prosecution and cross examined by the Public Prosecutor. By judgment dated 17.6.1993 the Sessions Judge found the accused guilty and convicted the accused and sentenced him to undergo imprisonment for life.

While so, a direction was given in the said judgment to register a miscellaneous case against the appellant of the offence under Section 195(1) of the Code of Criminal Procedure. A complaint dated 29.6.1993 was thereafter filed before the Chief Judicial Magistrate, Thrissur. Ext. Al is a copy of that complaint. Appellant seeks quashing of that complaint.

2. Heard appellant and Public Prosecutor.

3. The grounds mentioned in the appeal

memorandum to quash the complaint are: (i) The Sessions Judge had not recorded a finding that an offence under Section 195(1)(b) appears to have been committed by the appellant; (ii) the Sessions Judge has not reached a conclusion that it is expedient in the interest of justice to make a com plaint; (iii) the evidence tendered by the appellant would not spell out circumstances to render a finding that h

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