K MOHANKUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner, who has been implicated in this case as A2 for the alleged offence under Section 392 of I.P.C., has come forward with this petition seeking for the relief of direction to the learned Judicial Magistrate No.II, Madurai to take the amended charge sheet filed by the respondent police in Crime No.729 of 2003 on the file of the respondent police.

(2.) MR. M. Ajmalkhan, learned counsel appearing for the petitioner submitted that in this case charge sheet was filed under Sections 197 and 173(8) of Cr.P.C. for the offence under Section 392 of I.P.C. including the petitioner as one of the accused (A2) and thereafter the case was committed to the learned Principal Sessions Judge, Madurai and the case was made over to First Additional Sessions Judge, Madurai and pending in S.C.No.92 of 2008. The learned counsel for the petitioner further submits that the petitioner filed a petition for quashing the F.I.R. before this Court in Crl.O.P.No.845 of 2004 and this Court passed an order dated 25.01.2005 dismissing the petition for quashing and further directed the concerned Investigating Officer to examine the matter independently without reference to the pleadings urged before this Court in quashing petition and find out as to whether the petitioner is involved in the alleged offence.

(3.) THE learned Government Advocate (Crl. Side) submitted that the Investigating Officer already completed the further investigation and filed the final report before the learned Magistrate, but the same was returned on the ground that the learned Magistrate has already committed the case to the Court of Sessions. It is submitted that thereafter the Investigating Officer moved before the learned I Additional Sessions Judge and the learned I Additional Sessions Judge observed that the Investigating Officer has to file the amended charge sheet only before the learned Magistrate.