PRASANNA Vs. STATE

JUDGEMENT

(1.) The petitioner has come forward with this Criminal Revision case questioning the correctness of the order dated 05.03.2014 of the learned Chief Judicial Magistrate, Puducherry dismissing his petition for discharge from the criminal prosecution.

(2.) The case of the prosecution is that at about 10.30 p.m. on 30.04.2014 when Mr. Alavandar, SGPC 1917 attached to the respondent police station along with PC F15 Ramadass were performing night beat near the Asian Guest House in Subbiah Salai, Puducherry, one Senthil approached them and informed SGPC 1917 Alavandar that a car from beach road is approaching speedily and requested him to stop the vehicle to cause an enquiry. Accordingly, SGPC 1917 Alavandar stopped the vehicle driven by the petitioner and enquired him. It is stated that SGPC 1917 Alavandar questioned the petitioner as to why the car is being driven speedily. Aggrieved by the same, the petitioner alleged to have prevented the said SGPC 1917 Alavandar from discharging his official duties by scolding SGPC 1917 Alavandar for having questioned him. The petitioner also alleged to have scolded Senthil in a filthy language. It is also alleged that the petitioner punched SGPC 1917 Alavandar in his chest and ran away. However, he fell down when he was hit by a stone. Immediately, the petitioner was apprehended by SGPC 1917 Alavandar along with Senthil and taken him to the respondent police station at about 00.15 hours on 01.05.2014. On reaching the police station, a special report was prepared by SGPC 1917 and it was submitted it to the Head Constable 1334. On the basis of such special report, the case in Crime No. 74 of 2014 came to be registered against the petitioner for the offences punishable under Sections 294 (b), 353, 332 IPC.

(3.) After enquiry, a final report was filed by the investigation officer and it was taken on file as C.C. No. 38 of 2014 on the file of the Court of Chief Judicial Magistrate, Puducherry. Pending the calander case, the petitioner has filed Crl.M.P. No. 1874 of 2014 in C.C. No. 38 of 2014 for discharge. The learned Chief Judicial Magistrate, by order dated 05.02.2014 dismissed the petition for discharge by holding that the petitioner has to face the trial to examine whether the offences alleged against him are made out or not. It is against this order dismissing the petition for discharge, the petitioner has filed the present Criminal Revision Case has been filed by the petitioner.