GOWRI MAHESH AND RUKMANI Vs. STATE

JUDGEMENT

(1.) The petitioners, who are accused in C.C.No.308/2006 on the file of the Judicial Magistrate, Avinashi and facing trial for the offence under Section 4(1)(aaa) TNP Act and 4(1) (A) of TNP Act, filed CMP.No.1184/2008 under Section 239 of the Cr.P.C. to discharge. The Judicial Magistrate dismissed the discharge petition and being aggrieved by that, the petitioners are before this Court.

(2.) The learned Counsel for the petitioners submitted that the learned Judicial Magistrate has failed to see that the same police officer, who is an informant in this case, has investigated the case and Anr. police officer has filed the charge sheet and which according to the learned Counsel, is against the legal principles laid down in, Megha Singh v. State of Haryana, 1997 SCC(Cri) 267.

(3.) Heard both sides.