SRITHARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Criminal Revision is directed against the order passed in Crl.M.P.No.277 of 2019 in S.C.No.77 of 2018 dtd. 4/11/2024 on the file of the Assistant Sessions Court, Virudhunagar, dismissing the petition for discharge filed under Sec. 227 of the Code of Criminal Procedure.

(2.) On the basis of the complaint lodged by one Elango, FIR came to be registered in Crime No.409 of 2016 on 15/9/2016 against Mickelraj, Sridharan/petitioner herein and four other persons for the alleged offences under Ss. 147, 148, 307 and 109 IPC on the file of the respondent police and after completing the investigation, the respondent police has laid the final report against six persons including the petitioner (accused 4 and 5 being juveniles, charge sheet against them was laid before the Juvenile Justice Board) for the alleged offences under Ss. 147, 148, 307 and 149 IPC and the case was taken on file in P.R.C.No.8 of 2018 on the file of the Court of the Judicial Magistrate No.II, Virudhunagar and after committal, the case was taken on file in S.C.No.77 of 2018 and the same was made over and is pending on the file of the Assistant Sessions Court, Virudhunagar.

(3.) When the sessions case was pending for framing of charges, the sixth accused filed the petition under Sec. 227 Cr.P.C. seeking discharge from the above case. The respondent police has filed a counter raising objections. The learned Assistant Sessions Judge, after enquiry, has passed the impugned order dtd. 4/11/2024 dismissing the discharge petition. Challenging the order of dismissal, the present revision came to be filed.