C K BALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the sole accused in A.P.C. 6353 of 1989, pending on the file of the IX Metropolitan Magistrate Saidapet. Madras on a final report filed by the Sub-Inspector of Police. J2. Adayar Police Station, Madras. 20, after completion of investigation in Cr. No. 1408 of 1989 on the file of J. 2 Adayar Police Station, the trial Magistrate took cognizance, of an offence punishable under section 74 of the Tamilnadu City Police Act, against the petitioner.

(2.) In this petition preferred under section 482, Cr. P.C. to call for the recodes and quash the pending prosecution as not maintainable and an abuse of process of Court. Mr. C. Vijayakumar, Learned Counsel representing the petitioner, contended that on the averments made in the charge sheet, no offence under section 74 of the Act gets disclosed. He further contended, that an offence under section 74 of the Act was not cognizable and presenting of a charge sheet alone before the trial Magistrate, without any other material and without obtaining the order of the Magistrate, would not be in consonance with law.

(3.) On these contentions, I have heard Mr. S. Shanmughavelayudham, learned Additional Public Prosecutor. He fairly stated, that on the allegations made in the charge sheet an offence under Section 74 of the Act does not get attracted. On the second contention, he submitted that section 155 Cr. P.C. will come into operation since the offence was non-cognizable.