ORDER :

The deposition given by the petitioner in a case tried by the Sessions Court has landed him as an accused for the offence of perjury. Pursuant to the order of the Sessions Court finding grounds to proceed against the petitioner under section 340 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) a complaint has been forwarded to the Magistrate and registered as C.C. No.8 of 2006 on the files of the Chief Judicial Magistrate's Court, Kollam. Petitioner has invoked the jurisdiction of this Court under section 482 Cr.P.C to quash the said proceedings.

2. In a notorious case referred to as 'Kalluvaathukkal liquor tragedy' petitioner was examined as PW71. The case was numbered as S.C. No.214 of 2001 before the 1st Additional Sessions Court, Kollam. When petitioner was examined in court, he deposed contrary to the statement given by him under section 164 Cr.P.C. and therefore he was declared hostile. While deposing in court, he stated that his earlier statement was under threat and coercion from the police.

Despite petitioner turning hostile to the persecution case, the main accused were convicted and their conviction was upheld all along including the Supreme Court thoug