PALANI Vs. STATE OF PONDICHERRY

JUDGEMENT

(1.) THE petitioners are accused in S.C.No.41 of 1997 pending before the II Additional Sessions Judge, Pondicherry. THEy filed a petition in Crl.M.P.No.604 of 1997 for discharge under Sec.227, Crl.P.C. and the learned Sessions Judge rejected their plea. THErefore, the petitioners have come by way of Crl.R.C. to set aside the order of the learned Sessions Judge and to discharge them from the case registered for offences under Secs.364, 302, 367 and 201 read with 149, I.P.C.

(2.) LEARNED counsel appearing for the petitioners submits that there are certain allegations appearing in the materials relied on by the prosecution against the petitioners 1, 2, 3, 4, 9 and 13 but insofar as the other petitioners are concerned, the petition may be allowed and they may be discharged from the case as there are no materials against them.

(3.) PARA8 of the judgment in, A.I.R. 1980 S.C. 962, reads as follows: