A.PRAMASIVAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in C.C.No.6755 of 2018 on the file of the learned Special Metropolitan Magistrate, CCB and CB-CID cases, Egmore, Chennai, thereby taken cognizance for the offences under Sections 294(b) , 506(i) r/w. 34 of IPC , as against the petitioner.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as second accused and no offence is made out as against the petitioner as alleged by the prosecution. The petitioner is nothing to do with the crime, since he is a driver of the car and he never indulged any criminal activity as alleged by the prosecution. According to the case of the prosecution, when the defacto complainant coming out of the commissioner office, one Ganapathy along with 10 others intercepted and abused him with filthy language and also criminally intimidated him with brandishing weapons and compelled him to withdraw his complaint on Sujai anand, on the behest of IG, Sivanandi, IPS. Further alleged that the said Ganapathy threatened with dire consequences and also threatened that the case would turn against him. Thereafter, the investigation was transferred and entrusted to CBCID as per the orders passed by this Court. On transferring of investigation the first respondent re-numbered the case in Crime No.7 of 2015 and completed the investigation and file final report as against the petitioner and others in which the petitioner is arrayed as A2.

(3.) Per contra, the learned Additional Public Prosecutor would submit that though initially FIR was registered in Crime No.595 of 2015 on the file of the Vepery Police, Chennai, only because of the seriousness in the allegations, entire investigation was transferred on the file of the first respondent. The first respondent after completion of investigation with specific overt-act as against the petitioner laid charge sheet and the same has been taken cognizance in C.C.No.6755 of 2018 on the file of the Special Metropolitan Magistrate, CCB and CB-CID cases, Egmore, Chennai. He further submitted that so far as the first accused is concerned, this Court quashed the proceedings in Crl.O.P.15585 of 2019 by an order dated 18.07.2019 only on the ground that the first accused was present at some distance from the place on occurrence and there is no specific allegations as against the first accused. Insofar as the petitioner is concerned, there is specific allegations as against him made by all the witnesses who are all eye witnesses for the occurrence. Further submitted that the petitioner is standing on the different footing and as such he prayed for dismissal of the quash petition.