PECHIMUTHU Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE short facts of the prosecution case are as follows:- The defacto complainant, viz., Kullappa Gounder had lodged a complaint before the respondent-police against the accused, viz., Pechimuthu, stating that the accused had prevented him from cultivating his land and had also threatened the employees, who are working in the agricultural field. Therefore, he has sought police protection on 19.02.1996. Thereafter, on 24.02.1996, the accused Pechimuthu and his parents prevented the agricultural labourers from proceeding to their work. In spite of this, the workers had continued to do their work. At this point of time, the accused Pechimuthu took a gun and fired in the air. Immediately, all the labourer were frightened and came out of the agricultural field. The said complaint was taken on file by the Inspector of Police, who is attached to the Sulur Police Station, Coimbatore and a criminal complaint was registered in Crime No.58 of 1996 for the offence under Section 307 IPC and Section 25 of Arms Act.

(2.) AFTER filing charge sheet, the criminal case was posted for framing of charges in S.C.No.106 of 2004, on the file of Additional Sessions Judge, Fast Track Court-IV, Coimbatore at Tirupur. At this juncture, the accused has filed Crl.M.P.No.40 of 2004 in S.C.No.106 of 2004, to discharge him from the said criminal case. The respondent-police had filed objections and resisted the discharge petition.

(3.) AGAINST the said order of the Additional Sessions Judge, Fast Track Court-IV in framing charges in S.C.No.106 of 2004, the revision has been filed.