LALKHAN ALIAS GANGAPRAKASH Vs. INSPECTOR OF POLICE Ï¿½Q

JUDGEMENT

(1.) THIS is a petition filed under section 482, Criminal Procedure Code, to quash the order passed by the learned Assistant Sessions Judge, Tindivanam, in Crl.M.P. No. 20 of 1982, in S.C. No. 65 of 1982.

(2.) THE Inspector of Police, Villupuram Town, filed a charge-sheet in Crime No. 215 of 1981 against the petitioners herein for offences under sections 153 (A), 147, 148, 323, 427, 506 (2) and 307, Indian Penal Code, alleging that on 22nd June, 1981, when the Superintendent of Police, South Arcot, instructed the Inspector of Police, to conduct a raid with a police party at Sorappur and Veeranam Harijan Colonies to search for the naxalite leaders, A.K. Kothandaraman and others, the petitioners and others, while the raid was being conducted, pelted stones at the police party and they were also at that time armed with deadly weapons. THE petitioners are alleged to have raised alarms and instigated the mob at the place of occurrence to kill the police officials and as a result damage was caused to the police vehicles and some constable sustained minor injuries.

(3.) ON the said petition of the petitioners, the learned Assistant Sessions Judge held there was no offence made out under section 307, Indian Penal Code, and framed charges for offences under sections 147, 148, 153-A, 323, 427 and 506 (2), Indian Penal Code. He rejected the petition of the petitioners on the ground that the evidence has to be recorded and only thereafter the Court has to consider whether the accused have committed any offence with which they are charged. Hence, there is no question of discharge at that stage. He was of the view that this was a raid to curb the naxalite activities and it was unsafe to discharge the accused, taking into consideration the damages caused to the police vehicles and injuries sustained by the police constables . At the stage of section 227, Criminal Procedure Code, the Court has to find out whether there is sufficient ground for proceeding against the accused. If the materials produced before the Court are sufficient to constitute an offence, the Court has to frame charges. The Court has to take into effect the totality of the materials and the documents produced before it, without going into the infirmities in the case.