SHIVRAM Vs. STATE OF M P

JUDGEMENT

(1.) This Miscellaneous Criminal Case under Section 482 of the Cr.P.C. has been preferred against order dated 8.8.2014 passed in Criminal Revision No.182/2014 by 18th Additional Sessions Judge, Jabalpur and for setting aside the prosecution of the petitioner with reference to Criminal Case No.6549/2007 pending before the Judicial Magistrate First Class, Jabalpur.

(2.) The facts giving rise to this miscellaneous criminal case may briefly be stated thus: Accused persons Shambhudayal and Meera Namdeo were prosecuted in the Court of Judicial Magistrate First Class, Patan, in Crime No.660/2004 under Sections 409 and 120/409 of the I.P.C. Vide judgment dated 2.8.2006, both of the aforesaid accused persons were acquitted of all charges. In paragraph No.20 of the judgment, learned Magistrate observed that petitioner Shivram, who was PW-1 in Criminal Case No.660/2004, had given false evidence in the case and he had admitted in his cross examination that the statement given by him in his examination-in-chief on 10.6.2005 was false; therefore, it was directed that a complaint under Section 195 (1)(b)(i) of Cr.P.C. be filed against petitioner Shivram in the Court of Judicial Magistrate First Class, Jabalpur. Consequently, the complaint as aforesaid was filed on behalf of the JMFC, Patan and was registered as Criminal Case No.6549/2007. Subsequently, Judicial Magistrate First Class, Jabalpur framed a charge under Section 193 Cr.P.C against petitioner by order dated 7.5.2014.

(3.) The order framing charge dated 7.5.2014 was challenged in the Court of 18th Additional Sessions Judge, Jabalpur in Criminal Revision No.182/2014. Learned Additional Sessions Judge dismissed the criminal revision by impugned order dated 8.8.2014.