V.M.GANESAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Revision Petition is filed praying to call for the records relating to the impugned order dtd. 16/8/2019 passed by the learned Judicial Magistrate No.1, Dharmapuri in Crl.M.P.No.4289 of 2017 in C.C.No.132 of 2007, to examine the correctness of the findings therein and to set aside the same and discharge the petitioner from the said case.

(2.) The respondent police registered the case in Crime No.28 of 2013. After investigation, the respondent police laid the charge sheet before the Judicial Magistrate No.I, Dharmapuri. The learned Magistrate taken the charge sheet on file in C.C.No.132 of 2017. In the said case, the petitioner herein was arrayed as A- 5. During the pendency of the said calendar case, the petitioner herein filed the petition under Sec. 239 Cr.P.C., to discharge him from the said case. The learned Magistrate, after taking the petition on file in Crl.M.P.No.4289 of 2017, dismissed the same. Challenging the said order, the petitioner filed the present Revision.

(3.) 1. The learned counsel for the petitioner would submit that the registration of FIR in crime No.28 of 2013 by the respondent alleging commission of offence of Transplantation of removal of human organs itself is illegal and unsustainable in law, in view of the specific provision under the Transplantation of human organs and Tissues Act, 1994. Any investigation, that is said to have been conducted by the respondent pursuant to the said FIR consequently is illegal and void and abinitio.