Muthamu Selvan v. Sub Inspector of Police, Madurai
2001-10-12
P.D.DINAKARAN
body2001
DigiLaw.ai
ORDER: The petitioner seeks to quash the charge sheet in C.C.No.206 of 1998 on the file of the learned Judicial Magistrate No.1, Dindigul, transferred from the learned Judicial Magistrate No. 5, Madurai, in C.C.No. 517 of 1996 wherein, the petitioner is facing trial for an alleged offence punishable under Secs. 341 and 324, I.P.C., with regard to an alleged occurrence said to have taken place on 24.12.1995 at 11.30 a.m., on the ground that no grievous injury would be caused by using a stone, as alleged by the preliminary evidences of the prosecution witnesses. 2. A careful reading of the preliminary evidence of P.W.1 to P.W.6 makes it clear/that the ingredients of the offences punishable under Secs. 341 and 324, I.P.C. are constituted, as the prosecution witnesses categorically state that the complainant was wrongfully restrained by the petitioner and other accused and that the complainant was injured by using a stone. 3. At this stage, this Court is not concerned whether the injury sustained by the complainant was minor or grave, while exercising the powers under Sec.482, Crl.P.C. in as much as this Court would not be entitled to sift the materials for coming to the conclusion about the reliability of the evidence, at this stage. While exercising the powers under Sec.482, Crl.P.C, this Court can on the other hand, take the evidence on its face value and find out whether any offence is made out, taking the entire materials on record. 4. If the evidence of the prosecution witnesses is carefully scrutinised from the above standpoint, the conclusion is irresistible that the prosecution is satisfied that the ingredients of the offences punishable under Secs. 341 and 324, I.P.C. are constituted, and consequently, the learned Judicial Magistrate No. 1, Dindigul, had no option except to proceed with the case in accordance with law. Once the charge sheet is filed based on the preliminary evidence, it may not be permissible for this Court, by exercising the powers under Sec.482, Crl.P.C. to quash the very charge sheet, ignoring the preliminary evidence on record. 5. Whether or not the petitioner is liable to be convicted for the alleged offences punishable under Secs. 341 and 324, I.P.C, I am of considered opinion, it is left to be decided in the trial, but not at this stage.
5. Whether or not the petitioner is liable to be convicted for the alleged offences punishable under Secs. 341 and 324, I.P.C, I am of considered opinion, it is left to be decided in the trial, but not at this stage. Hence, finding no merits, the above O.P. is dismissed, with a direction to the learned Judicial Magistrate No. 1, Dindigul, to dispose of the matter on merits independently, without being prejudiced by the dismissal of the above O.P. Consequently, Crl.M.P.No. 7176 of 2001 is also dismissed.