SELVARAJ Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner Selvaraj under Section 482 of Cr.P.C. to quash the proceedings in C.C. No. 8692/96 on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai.

(2.) The material allegations in the petition are as follows :- The petitioner was charged for the alleged offence under Sections 379 read with 34, I.P.C. along with another accused by name Sampath, who is arrayed as first accused in this case. The petitioner is facing trial before the learned XIII Metropolitan Magistrate's Court and it is alleged that the petitioner herein along with the 1st accused Samapth had stolen a sum of Rs. 1420/- from the complainant by name S.S. Nathan, son of Krishnan, in a bus running between P. Orr. and Sons and Wallajah Road Junction on 10-10-1996 at 1.30 p.m. The charge sheet has also been filed against the petitioner and the said Sampath (A1) in C.C. No. 8370/96 and the co-accused Samapth in this case pleaded guilty, and hence the case as against the petitioner was split up and new C.C. Number was given as far as the petitioner is concerned. The above case is pending for a long time and no witnesses were produced before the Court by the respondent police till date for the examination. Absolutely there is no evidence against the petitioner to proceed with the case against the petitioner and the ingredients of the offence are not made out as against the petitioner herein from the materials filed before the Court.

(3.) The respondent-complainant has filed a counter-statement raising the following contentions :- During the course of investingation it was found that the petitioner along with another by name Sampath was involved in the occurrence. The said Samapth was arrested on 31-10-1996 at about 4.30 p.m. and the petitioner was arrested on 31-10-1996 at about 5.00 p.m. Investigation was completed and the charge sheet was filed before the learned XIII Metropolitan Magistrate, Egmore, Chennai and the same was taken as C.C. No. 8370/96. The first accused was sentenced to undergo imprisonment for nine weeks by the learned XIII Metropolitan Magistrate on 30-12-1996, and the case was split up as against this petitioner in C.C. No. 8692/96, and the case in C.C. No. 8692/96 is pending trial. The case is posted to 21-7-1997 for examination of witnesses. The petitioner may very well approach the trial Court and put forth all his defence before the said Court.