BALAKRISHNAN Vs. GOPAL DASS

JUDGEMENT

(1.) Heard Mr.K.Vinayagan, learned counsel appearing for the petitioner, Mr.S.Suresh Kumar, learned counsel appearing for the respondents 1 to 6 and Mr.V.Sasikumar, learned counsel appearing for the seventh respondent.

(2.) This petition has been filed to set aside the order passed in C.A.No.93 of 2015 on the file of the III Additional Sessions Judge, Tirunelveli by confirming the acquittal order passed in C.C.No.13 of 1999 on the file of the learned Judicial Magistrate, Valliyoor dated 07.07.2015.

(3.) The petitioner is the defacto complainant and the petitioner filed a private complaint against the respondents stating that the respondents gave false evidence in C.C.129 of 1991. A case was filed against the petitioner as if teakwood were seized from the agricultural land of the petitioner and that the case was registered in C.C.No.129 of 1991. The trial Court acquitted the petitioner. In that case, the respondents have given evidence as if there is an Odai on the northern, southern and eastern side of the land. The petitioner filed a private complaint against the respondents in C.C.NO.1 of 1994 and transferred to the learned Judicial Magistrate, Valliyoor and numbered as C.C.No.13 of 1999 for malicious prosecution and for giving false evidence before the Court. The trial Court after the trial, acquitted A1 to A8. Against the order of the acquittal, the petitioner filed an appeal in C.A.No.93 of 2015 before the learned III Additional Sessions Judge, Tirunelveli. After hearing both sides, the first Appellate Court dismissed the appeal.