SOBY GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) cognizance was taken by the learned Chief Judicial Magistrate for the offence punishable under Sec. 193 IPC and issued process to the accused/revision petitioner by order dtd. 31/7/2023 on a complaint submitted by the investigating officer. It is under challenge in this revision by the accused.

(2.) Heard Sri.T.M.Raman Kartha, the learned counsel for the petitioner and the Sri.K.P.Satheesan, the learned senior counsel appearing for the Central Bureau of Investigation.

(3.) It is pertaining to a sensational case registered in connection with the death of a famous musician by name Balabhaskar. The officer of Central Bureau of Investigation, who investigated the crime in RC 3(S)2020/CBI/SCB/ TVM lodged a complaint before the Chief Judicial Magistrate to take cognizance against the revision petitioner for the offence punishable under Sec. 193 IPC on the allegation that he had given a false statement before the complainant/investigating officer deliberately and purposefully with the intention to mislead the investigation. It was taken on file by the Chief Judicial Magistrate and after hearing both the parties, cognizance was taken against the revision petitioner for the offence punishable under Sec. 193 of the IPC and process was issued to him. It is submitted that the cognizance was taken by overlooking the provision and the ingredients which would constitute the offence punishable under Sec. 193 IPC. To resolve the issue, it is necessary to extract Sec. 193 IPC, which runs as follows: