R BASKARAN Vs. STATE

JUDGEMENT

(1.) This petition is brought forth by the second accused in S.C.No.180 of 2001 pending on the file of the Assistant Sessions Judge, Kuzhithurai, seeking to quash the proceedings against him.

(2.) The petitioner along with two others was committed by the concerned Judicial Magistrate, and the case was taken on file by the Court of Sessions in S.C.No.180/01. The petitioner along with others, on committal, was questioned about the case, and the necessary charges were framed against him for the offences under Ss 342, 323, 194 and 218 read with 34 of I.P.C. Having pleaded not guilty at that stage, the petitioner has brought forth this petition seeking to quash the charges framed against him in that proceedings.

(3.) Interalia, the learned Counsel for the petitioner would submit that there were no basic materials to frame charges against him; that charge under Sec.194 of I.P.C. has also been framed against him; that as contemplated under Sec.195(1)(b) of the Code of Criminal Procedere, before proceeding with the case, a sanction has got to be accorded, if it would include Sec.194 of I.P.C. also; that in the instant case, the procedural formalities were not followed, and hence, a charge under Sec.194 of I.P.C. should not have been framed. Added further, the learned Counsel that the charge framed under Sec.194 of I.P.C. is to be deleted; that the other charges framed against him under Ss 342, 323 and 218 read with 34 of I.P.C. are exclusively triable by the Judicial Magistrate; that charges under Ss 342 and 323 are also barred by limitation; that there is no occasion for the Court of Sessions to proceed with the case, and hence, the proceedings against the petitioner/A-2 have got to be quashed.