SAJEEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Sec. 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 complaint, I.A.No.1002 of 2014 under Sec. 340 read with Sec. 195 of Cr.P.C. alleging commission of offence punishable under Sec. 193 of Indian Penal Code.