SAVARIMUTHU NADAR Vs. STATE

JUDGEMENT

(1.) THE accused in C.C.No.198 of 1990 on the file of Judicial Magistrate, Ambasamudram, have filed this petition under Sec.482, Crl.P.C. praying to call for the records in the said case and quash the same.

(2.) THE first respondent has filed the charge sheet against the petitioners for offence under Secs.294(b) and 506(2), I.P.C. THE allegations in it are briefly as follows: On 11.1.1990 at 9.30 p.m. at Ambasamudram, Mukkudal Road in front of the advocate's office of witness No.1 in the public place, the accused stood and A-2 had an aruval in his hands and with the common intention, the accused shouted at witness No.1 stating and also threatened him that they would cut off his hand and leg and also threatened that they would murder him and hence they are liable to be punished under Secs.294(B) and 506(2), I.P.C.

(3.) I have carefully considered the submissions made by the rival counsels. I shall first take up the submissions regarding offence under Sec.294(b), I.P.C. Sec.294(b), I.P.C. reads as follows: