SANKAR Vs. THE STATE

JUDGEMENT

(1.) THE petitioners are accused 1 to 5 in C.C. No. 60 of 2013 on the file of the learned Judicial Magistrate No. 3, Vellore, for offence under Sections 147, 294(b), 323 and 352 I.P.C. Seeking to quash the same, the petitioners are before this Court with this petition.

(2.) I have heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent and I have also perused the records carefully.

(3.) DURING the course of investigation, it was found that these accused have committed offences punishable under Sections 147, 148, 341, 294(b), 323, 324 and 302 I.P.C. Therefore, a final report was filed by the respondent police in the said case for offence under sections 147, 148, 341, 294(b), 323, 324 and 302 I.P.C., and on which, cognizance has been taken by the learned Judicial Magistrate in P.R.C. No. 8/2013. Thereafter, the case was committed to the Court of Sessions in S.C. No. 137/2013. Based on the very same investigation and based on the very same FIR, yet another final report has been filed before the same Magistrate for offence under Sections 147, 294(b), 323 and 352 I.P.C. The learned Magistrate has taken cognizance on the said police report in C.C. No. 60/2013. It is this case, the petitioners/accused want to quash.