RAMESH Vs. STATE

JUDGEMENT

(1.) The petitioner has come up with the present petition to quash the proceedings in PRC. No. 28 of 2004 pending before the learned Judicial Magistrate, Thiruthani, in Crime No.353 of 2003 on the file of Kanagamma Chathiram Police Station, Thiruvallur District.

(2.) The case of the petitioner is that he is the 2nd accused in Cr.No.353 of 2003 on the file of Kanagamma Chattiram Police station, Tiruvallur Police Station. The said case was registered based on the complaint of the Defacto-Complainant namely Devasaiyal for the offence under Sections 147, 148, 324, 307 of IPC. According to the complaint, the alleged occurrence said to have taken place on 211.2003 at about 19.00 hours. In the complaint it is further alleged that the petitioner along with six others waylaid the Defacto-Complainant with deadly weapons assaulted and inflicted bleeding injurious upon him and thereafter, at about 200 hours the complaint was lodged.

(3.) The learned counsel for the petitioner would submit that, subsequently the case was taken up for investigation by the respondent and final report was filed and the same was taken on file by the learned Judicial Magistrate, Thiruthani for the offence under Sections 147, 148, 324, 307 of IPC. Earlier, the very same petitioner filed a Crl.O.P. No.8406 of 2004 for the transfer of investigation of the instant case in Cr.No.353 of 2003 from the file of Kanagamma Chatram Police Station, Thiruvallur, to the CBCID Police. However, another Crl.O.P. No.31924 of 2004 was also filed by the petitioner for the relief of quash and another application in Crl.O.P. No.31896 of 2004 was also filed for the transfer of investigation to be conducted by the CBCID police. This court by its order dated 12.10.2004 directed the petitioner to approach the learned trial court for relief sought for. Subsequently, by the order dated 09.11.2004, the learned Judicial Magistrate, Thiruthani permitted for further investigation in respect of PRC Nos.28 and 29 of 2004. Now, the petitioner has come up with the present petition contending that he has not committed any offence and the lodging of the First Information Report itself is imaginary.