S RAMASAMY Vs. DAKSHINAMOORTHY

JUDGEMENT

(1.) This is a petition seeking to quash the proceedings, a private complaint, for an offence punishable under Sections 147, 148, 203, 341, 447, 427, 343, 336, 307 and 294 (b) and 506 (ii) IPC.

(2.) The learned counsel for the petitioner submits that in the said complaint, three incidents, which took place, on 30.1.2003, 6.2.2003 and 13.2.2003, have been clubbed together in a single case, and secondly, the learned Magistrate, before issuing process to the petitioner/accused, has not examined the witnesses produced.

(3.) On the basis of the allegation, prima facie, the offence is liable to be committed to the Court of Sessions. To assess such availability of materials, the learned Magistrate should have examined the complainant and other witnesses either before taking cognizance of the case himself or taking up further proceedings for committal to the Court of Sessions, as contemplated under Sec.202 (2) Cr. P. C. Sec.202 (2) Cr. P. C. , reads as follows: