VIJAYALAKSHMI Vs. MYLSAMY ALIAS PALANISAMY

JUDGEMENT

(1.) THE petitioners in the above criminal original petition are the accused in C. C. No. 1049 of 2004 on the file of the Judicial Magistrate No. I, Coimbatore. The first respondent herein had filed a private complaint against the petitioners herein and the said private complaint had been taken on file for the offence under Sections 147, 447, 506 (ii) and 379 of the Indian Penal Code. On 18. 02. 2006 the learned Magistrate had framed charges against petitioners 1 to 4 for the offence under Sections 147 and 379 of the Indian Penal Code and under Section 148 of the Indian Penal Code against petitioners 2 to 4 and under Section 447 of the Indian Penal Code against petitioners 1 to 4 and under Section 506 (ii) against the first petitioner. At that stage the petitioners have filed a petition under Section 245 of the Criminal Procedure Code seeking discharge on the ground that civil suits are pending between the petitioners and the first respondent in O. S. Nos. 1323 of 1988 and 1230 of 1995 and C. R. P. No. 555 of 2002 is also pending before the High Court and in such circumstances, according to the petitioners, the charges should not have been framed. The said petition came to be dismissed by the learned Magistrate by observing that the case is pending right from the year 2004 and the case is posted for 'further proceedings', the complainant has lodged that on 25. 04. 2004 the accused unlawfully entered into the land of the complainant and the complainant was threatened by the accused and the veracity of the allegations can be gone into only after taking evidence and at this stage the petition cannot be allowed as there is a prima facie case against the accused.

(2.) BEING aggrieved by that the petitioners filed a criminal revision case No. 32 of 2007 before the Fast Track Court No. I, (Additional Sessions Judge), Coimbatore. The revisional court has upheld the order of the learned Magistrate and dismissed the revision. Being aggrieved by that the petitioners have filed the above criminal original petition invoking the jurisdiction of this Court under Section 482 of the Criminal Procedure Code.

(3.) HEARD Mr. C. R. Prasanan learned counsel for the petitioners.