Kamatchi v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.21167 of 2015 and MP.Nos.1,2 of 2015 Kamatchi ... Petitioner Vs 1.State by the Inspector of Police, Melchengam Police Station, Melchengam, Tiruvannamalai District.

2.M.Chakravarthi ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in SC.No.66 of 2015 on the file of the Mahila Court, Tiruvannamalai and quash the same. For Petitioner : Mr.C.Munusamy For Respondents : Mr.C.Emalias,Addl.Public Prosecutor [for R1]

O R D E R

This petition has been filed to quash the proceedings in SC.No.66 of 2015 on the file of the Mahila Court, Tiruvannamalai.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the 1st respondent and perused the materials placed on record.

3. It is seen that a case in crime No.73 of 2013 under Section 307 IPC was registered by the respondent police and after completing the investigation, a final report has been filed for offence under Section 302 read with 120B and 302 read with 109 IPC against two accused, challenging which, the 2nd accused is before this Court.

4. Mr.Munusamy, learned counsel appearing for the 2nd accused submitted that a single person cannot be charged for an offence under Section 120B IPC and therefore, the prosecution as against the petitioner should be quashed.

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5. This Court carefully perused the final report and found that, apart from the petitioner herein, there is also one other accused by name Ramesh [A1] and thus, there are two accused in this case. The provision of law cited in the final report is not the on all and end all of the prosecution case. Because, it is for the Trial Court to frame charges after perusing the final report and the accompanying documents. Therefore, the contention of the learned counsel for the petitioner that there is mistake in the final report cannot be countenanced.

6. In the result, there are no merits in the petition and accordingly, dismissed.

Consequently, connected Miscellaneous Petitions are closed.

gya s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Melchengam Police Station, Melchengam, Tiruvannamalai District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.Munusamy, Advocate SR 47693 ca(co) prk21/9 CRL.OP.No.21167 of 2015 https://hcservices.ecourts.gov.in/hcservices/