DURAICHANDRAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Original Petition has been preferred under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No.270 of 2003, on the file of the Judicial Magistrate, Tiruchengode. The petitioners 1 and 2 are accused 5 & 6 before the Trial Court.

(2.) ACCORDING to the learned Government Advocate appearing for the first respondent, the case in C.C.No.270 of 2003 was taken on file on the complaint given by the defacto complainant, the second respondent herein. Originally the case was registered in Cr.No.29 of 2002 on the file of the District Crime Branch, under Sections 420, 423, 426, 464, 465, 468, 470, 477 and 120 (b) read with 34 I.P.C. The learned Government Advocate, further submitted that P.Ws.1 and 2 were already examined on 22.04.2004 itself. After registering the case it had been forwarded to the District Crime Branch, Namakkal for investigation and investigation was completed under Section 156(3) Cr.P.C.. ACCORDINGly, the case in Namakkal District Crime Branch under Section 420,423, 464, 465, 470 and 471 IPC., was registered. In the counter filed by the first respondent it has been stated that after investigation, charge sheet was laid against the Accused 1 to 15 under Section 415, 420 read with 109/34 IPC, before Judicial Magistrate, Tiruchengode.

(3.) CONSIDERING the materials placed before this Court and the grounds raised by the petitioners in the criminal Original Petition, this Court is of the view that there is no illegality in the criminal proceedings pending before the Court below to be considered as an abuse of process of Court and as such there is no legal necessity to interfere with the same at this stage in order to secure the ends of justice.