V KRISHNASAMY AND Vs. S K MONOHARAN

JUDGEMENT

(1.) These revisions are directed against the orders dated 23-1-1992, passed in C. M. P. Nos. 122 and 123 of 1992, on the file of Judicial Magistrate, Udumalpet, permitting the Asst. Public Prosecutor, to withdraw the cases in C. C. Nos. 121 and 119 of 1990, respectively, and acquitting the respondents/accused.

(2.) The facts in Crl. R. C. No. 116 of 1992, are as follows :-The petitioner V. Krishnasamy of Chellappampalayam village is doing coconut business in the said village. On 26-8-1987, when he was sleeping inside his shop bearing Door No. 3/124, along with one Selvaraj and Thangavel, at about 11.30 p. m. the respondents 1 to 39/accused broke open the shop, trespassed and attacked the petitioner and others by means of dangerous weapons; following which a case was registered on 27-8-1987, in Cr. No. 259 of 1987 for offences under Sections 147, 148, 448, 427, 324, 323 and 397 I. P. C. After theinvestigation was over, on 7-6-1988, the 40th respondent/police filed a charge sheet in C. C. No. 121 of 1990, for offences under Sections 147, 148, 458, 323, 324, 325 and 394 I. P. C.

(3.) In the meantime some of the respondents/ accused filed a petition for quashing the proceedings before this Court and obtained a stay. Ultimately the same was dismissed on 8-7-1991.