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Abdul Kabeer

High Court Of Kerala|18 June, 2014
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JUDGMENT / ORDER

This is a revision brought against the order of the Judicial First Class Magistrate Court, Ponnani dismissing a complaint alleging the offence punishable under Section 193 of Indian Penal Code, in relation to a statement submitted by the respondent in the Court of the learned Munsiff, Ponnani. The learned Magistrate dismissed the complaint on the ground that complaint alleging such an offence will have to be filed by the Judicial Officer in whose Court the alleged false statement was submitted. Applying the bar under Section 195 (i) (b) of Cr.P.C, the learned Magistrate dismissed the complaint. 2. Now the learned counsel for the petitioner seeks permission to withdraw the revision without prejudice to his right to file application for proper procedure and prosecution under Section 340 of Cr.P.C, before the Court of the learned Munsiff. Of course, even after disposal of the main proceeding, such proceeding under Section 340 Cr.P.C Crl.R.P No.1074 of 2014 2 can be initiated.
In the above circumstances, permission is granted to the revision petitioner to withdraw this revision. Accordingly this revision is dismissed as withdrawn, without prejudice to the right of the revision petitioner to make proper application under Section 340 of Cr.P.C, of course, subject to the question of limitation.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

Abdul Kabeer

Court

High Court Of Kerala

JudgmentDate
18 June, 2014
Judges
  • P Ubaid
Advocates
  • Sri Jamsheed Hafiz