JOHNSON Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was a witness in Sessions Case 63/92 before Sessions Court, Thrissur. He was treated hostile to the prosecution and cross-examined by the Public Prosecutor. By judgement dated 17-6-1993 the Sessions Judge found the accused guilty and convicted the accused and sentenced him to undergo imprisonment for life. While so, a direction was given in the said judgement to register a miscellaneous case against the appellant for the offence under Section 195(1) of the Code of Criminal Procedure. A complaint dated 29-6-93 was thereafter filed before the Chief Judicial Magistrate, Thrissur. Ext. A 1 is a copy of that complaint. Appellant seeks quashing of that complaint.

(2.) Heard appellant and Public Prosecutor.

(3.) The grounds mentioned in the appeal memorandum to quash the complaint are : (i) The Sessions Judge had not recorded a finding that an offence under Section 195(1)(b) appears to have been committed by the appellant; (ii) the Sessions Judge has not reached a conclusion that it is expedient in the interest of justice to make a complaint; (iii) the evidence tendered by the appellant would not spell out circumstances to render a finding that he had committed an offence punishable under Section 193, IPC; and (iv) the Sessions Judge had not properly exercised the discretion before ordering prosecution and no show cause notice was issued before filing the complaint.