S. SRI GOWTHAM @ GOWTHAM Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition has been filed to call for the records in S.C.No.97 of 2018, now pending on the file of the learned Assistant Sessions-cum-Sub Court, Tambaram, Kancheepuram District and quash the same.

(2.) On the complaint lodged by Manoharan, the Watchman of Hyundai Showroom, the respondent police registered a case in Cr.No.1079 of 2016 on 08.06.2016 under Sections 394, 395 and 397 IPC against unknown accused. It is the case of the de facto complainant that while he was on security duty during the night hours on 03.06.2016 at the motorcar yard of Hyundai Plaza, around five persons, gained entry into the yard, held him at knife point, tied him with a rope, covered him with a mosquito net and took away some cars from the yard. On such complaint, FIR was registered and the police swung into action, arrested some of the accused and recovered the cars. After completing the investigation, the police filed a charge sheet before the Judicial Magistrate, Alandur for the offences under Sections 120-B r/w 394, 395, 397 and 34 IPC against 11 accused. The case has been committed to the Court of Sessions in S.C.No.97 of 2019 and is now pending trial before the Assistant Sessions-cum-Sub Court, Tambaram, for quashing which, S.Sri Gowtham [A11] is before this Court.

(3.) Heard Mr.M.Palanivel, learned counsel for the accused and Mr.C.Iyyapparaj, learned Additional Public Prosecutor appearing for the first respondent-State.