P.K. GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case C.C No.2019/2014 on the file of the Court of the Judicial First Class Magistrate, Wadakkancherry. The petition is filed by him under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') to quash the proceedings against him in the aforesaid case.

(2.) The case against the petitioner is based on the private complaint filed by the second respondent. The averments in the complaint are as follows: One Radhakrishnan had instituted a suit against the complainant in the Munsiff's Court, Wadakkancherry as O.S No. 606/2003. The accused was examined as a witness in that suit. When the accused gave evidence in the suit on 07.11.2008, he made a false statement that he was a Deputy Tahsildar in the year 2003. The accused was actually working as a Village Officer during the period from 28.07.2001 to 04.12.2003. Due to the false statement given by the accused in the suit, the complainant sustained loss and also damage to his reputation. The act of the accused constitutes the offences punishable under Sections 193, 420, 403 and 408 of the Indian Penal Code.

(3.) Learned Magistrate took cognizance of the offences mentioned in the complaint. After recording the statement of the complainant and his witnesses, the learned Magistrate found that a prima facie case was made out against the petitioner. The complaint was taken on file as C.C No.2019/2014 under Sections 193, 420, 403 and 408 I.P.C and process was ordered to be issued to the petitioner.