IN RE: VEERAPPAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) THIS revision is preferred by the petitioners against the order of the learned Judicial Second Class Magistrate, Gobichettipalayam, dismissing Crl.M.P. No. 1179 of 1976 in C.C. No. 3590 of 1976 on his file holding that no offence triable by a Magistrate of First Class has been made out.

(2.) CRL .M.P. No. 1779 of 1976 in C.C. No. 3590 of 1976 was filed by the revision petitioners who were charged for offence under Ss. 447, 427 and 506 (Part I) I.P.C. in C.C. No. 3590 of 1976 on the file of the Judicial Second Class Magistrate, Gobichettipalayam. During the course of evidence, P.W.2 deposed that he was chased by the accused with dangerous weapons and that he ran for his life. At this stage, the recording of evidence was stopped and the learned counsel for the petitioners filed an application before the trial court that the evidence of P.W.2 discloses an offence under S. 506 (Part II), I.P.C. and that the case is triable by a Magistrate of First Class. The learned Magistrate found that no offence under S. 506 (fart II), I.P.C . has been made out and held that no offence triable by a Magistrate of First Class is made out, and dismissed the petition. Aggrieved, the revision petitioners have filed this Revision Petition.