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A. BADHARUDEEN
Sajeevan, S/o. Balakrishnan Pillai – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This is a petition filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A and Annexure-H orders. The petitioner herein is the accused in C.C.No.67 of 2015 pending before the Judicial First Class Magistrate Court-II, Peerumedu.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. In this matter, the petitioner herein, who was authorised by the Managing Director of KLD Board, a Government of Kerala undertaking, to give evidence before the Munsiff Court in connection with O.S.No.65 of 2011, a suit filed by Sri.Sankarapandy against the KLD Board and MM Board alleged to have given false evidence, on the premise that, during his cross-examination, when a question was put as to lodging of police complaint and sighting of the place/property during the visit of the police to prepare the mahazar, he answered in the negative, though records showed otherwise. Alleging that the petitioner herein had given false evidence and committed the offence of perjury, Sri.Sankarapandy, the plaintiff in O.S.No.67 of 2011 on the file of the Munsiff Court, Peerumedu, against whom the KLD Board alleged encroachment of Government land, lodged complai
Section 195(1) of Cr.P.C. provides No Court shall take cognizance- (a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of Indian Penal Code, 1860.
The court's control over offences related to false evidence and public justice, and the necessity of a preliminary enquiry to determine the expediency of prosecution in the interest of justice.
The court ruled that initiating perjury proceedings under Section 340 Cr.P.C requires clear evidence of falsehood that impacts judicial proceedings, not mere inaccuracies.
Prosecution for perjury in matrimonial disputes requires clear evidence of deliberate falsehood and must be deemed expedient in the interest of justice.
Perjury proceedings cannot be initiated prematurely, and the completion of the trial in the underlying case is necessary before considering perjury allegations.
The main legal point established in the judgment is that a stranger to a case can file an application under Section 340(1) of the CrPC, and the term 'Court' in Section 340(1) includes a Magistrate re....
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