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2020 Supreme(Online)(KER) 30084

HIGH COURT OF KERALA
N.ANIL KUMAR, J
PRADEEP – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.KOSHY GEORGE SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN

O R D E R

The revision petitioner was PW3 in CC No. 422 of 2006 on the file of the Chief Judicial Magistrate Court, Thodupuzha for the offences punishable under Sections 324 , 326 and 506(ii) of the Indian Penal Code (hereinafter referred to as, “ IPC ”). During the trial of the said case, the revision petitioner was examined in chief as PW3 on 02.04.2008. Thereafter, his cross examination was adjourned from time to time and finally, he was cross examined on 22.10.2008. In CC No. 422 of 2006 on the file of the Chief Judicial Magistrate Court, Thodupuzha, PW2 was the injured. In chief examination, PW3 stated that he had witnessed the accused therein assaulting PW2. However, during cross examination, he turned hostile to the prosecution, denying his version in the chief examination. The learned Chief Judicial Magistrate, who tried the case, was of the view that PW3, the revision petitioner herein, intentionally adduced false evidence and in the interest of justice, he should be prosecuted for the offence punishable under Section 193 of the . Having found so, the learned Chief Judicial Magistrate gave an opportunity to PW3 to show cause as to why proceedings under Section 340 (1) of

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