M.SUDALAIMANI Vs. S.UMAIYAL

JUDGEMENT

(1.) THE Petitioner has focused the instant Criminal Revision Petition before this Court as against the order dated 05.09.2011 in Criminal M.P.No.1187 of 2011 passed by the Learned Principal District Munsif - cum - Judicial Magistrate, Karaikudi.

(2.) THE Learned Principal District Munsif-cum-Judicial Magistrate, Karaikudi, while passing the order dated 05.09.2011 in Crl.M.P.No.1187 of 2011 has, among other things, observed that "... As per Section 340 of Cr.P.C., the court must satisfy that it is expedient in interest of justice the enquiry should be made into the offence under Section 195 of Indian Penal Code. On plain reading of the above Section clearly shows that satisfaction of the court is necessary that the respondent intentionally and knowingly gave false evidence. Moreover, the evidence cannot be looked into piecemeal. The whole evidence has to be considered. Moreover, it must be shown that the evidence of the respondent before this Court knowingly gave false evidence. In this case, it is already discussed in the foregoing paragraphs that there is no finding in C.C.No.197 of 2002 that this respondent gave false evidence etc" and resultantly, dismissed the petition.

(3.) ACCORDING to the Learned counsel for the Petitioner/ Husband, the trial court has committed an error in dismissing Crl.M.P.No.1187 fo 2011 without appreciating the facts in issue in a proper and real perspective.