S MARIAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Original Petition has been brought forth seeking to quash the proceedings pending committal in PRC. No. 11 of 2003 on the file of the Judicial Magistrate I, Pooneri.

(2.) ON the basis of a complaint lodged by the de-facto complainant, originally, the respondent police registered a case in Crime No. 492 of 2000 for the offences under Sections 147 and 427 IPC. After recording the statements, the respondent filed the final report and the Judicial Magistrate-I, Ponneri took up the case on file in C. C. No. 292 of 2001. Not satisfied with the same, the petitioners have filed a private complaint before the Judicial Magistrate-I, Ponneri. The sworn statement of the de-facto complaint was recorded and after conducting enquiry, the Judicial Magistrate forwarded the matter to the concerned police under Section 156 (3) Cr. P. C. and directed the respondent to investigate the matter and file a report. But the police thought it fit to place further materials available in the said case before the lower Court. Pursuant to the same, learned Judicial Magistrate-I, Ponneri passed an order stating that the case is likely to be committed to Court of Sessions, since it is exclusively triable by the said Court and took the case on file in PRC. No. 11 of 2003 and charged for the offences under Sections 147, 148, 341, 427, 506 (u) and 397 IPC. Under such circumstances, the petitioner/accused approached this Court by filing this Criminal Original petition seeking to quash the proceedings.

(3.) AFTER hearing the rival submissions, this Court is unable to notice any reason to quash the proceedings, since what is recorded above would clearly indicate that there is no illegality or infirmity caused at any stage and now the matter is likely to be committed to the Court of Sessions. If the petitioners are aggrieved, they have got an opportunity before the Court of Sessions at the earliest stage and they can also file a petition for discharge and not otherwise by invoking the provision under Section 482 Cr. P. C. before this Court.