N. MOHAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the Charge sheet pertaining to S.T.C. No.730 of 2016, which has been filed in Crime No.628 of 2013, dated 06.11.2013, on the file of the 1st respondent police, for the alleged offence under Sections 294(b) and 323 of IPC.

(2.) The learned counsel appearing for the petitioners would submit that in earlier, a case has been registered against the petitioners in Crime No.628 of 2013, punishable under Sections 294(b) and 323 of IPC. Later on, after completing the investigation, the 1st respondent has filed a charge sheet in the year of 2016 and after receiving the same, the learned Judicial Magistrate, without seeing Section 468 of Cr.P.C., assigning the case number, which is an abuse of process of law and accordingly, the charge sheet filed by the first respondent Police is liable to be quashed.

(3.) I have heard the learned counsels appearing on either side and perused the materials available on record.