LEENA ROSELINE @ LEEMA Vs. STATE

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner herein is A9 in SC.30/2012, on the file of the Additional Sessions Judge (Fast Track Court -II), Chennai. The petitioner was, along with other accused, charge sheeted for the offences under Sections 147, 148, 364, 342, 302, 201 r/w 120(b), 149 IPC in respect of the occurrence happened on 9.1.2010. The complaint was initially filed by one M.Parvathi W/o.Mani as if her husband was found missing and on the basis of the same, FIR was registered in E1 Mylapore Police Station Cr.No.35/2010, which was, after receiving materials regarding the death of Mani, altered into for the offences referred to above and charge sheet was filed and the same was taken on file as PRC.No.96/2010 and thereafter, the case was committed to Sessions Court and renumbered as SC.No.30/2010.

(3.) The petitioner has come forward with the discharge petition on the ground that she was between 5.1.2010 and 15.1.2010 admitted in Government Hospital, Vinukonda, Guntur District and was treated as inpatient till 15.1.2010 and she was totally immobilised and she was in no way involved in the commission of any offence during the relevant period as stated by the prosecution. The petitioner in support of her claim, produced medical records. It was also contended on behalf of the accused that the same document was produced before the Investigating Officer, but the Investigating Officer failed to duly investigate the genuineness of the same. Whereas, the trial court dismissed her discharge petition on the ground that there were enough materials available for framing charges against the petitioner and that the medical theory amounts to plea of alibi and the genuineness of the medical certificate could be ascertained only during trial, while doing so, liberty was given to the petitioner to prove the medical certificate during the trial. Aggrieved against the same is this criminal revision by A9 before this Court.