P SETHURAJAN Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Sec. 482 of the Code of Criminal procedure by the 7th accused in P. R. C. No. 26 of 1988 on the file of the Judicial second Class Magistrate No. 2, Tirunelveli, to call for those records and quash the proceedings so far as the petitioner is concerned.

(2.) THE respondent/inspector of Police,tirunelveli Taluk (Law and Order), filed the charge-sheet before the Judicial Second Class magistrate No. 2, Tirunelveli against 7 persons, of whom accused 1 to 6 are employees of the India Cements, Thazhaiyuthu and the 7th accused/petitioner is a contractor residing at Madras. THE accused are charged under Secs. 147, 148, 506 (11), 120-B and 302 of the Indian Penal Code read with Secs. 149 and 109 of the Indian Penal Code for causing the death of one Vasudevan, Manager (Finance and Accounts), India Cements Ltd. , Thazhaiyuthu at about 7. 55 P. M. on 6. 5. 1988 near the Trop Gate at Old colony, Thazhaiyuthu. THE 6th accused was the Public Relations Officer of India cements Ltd. Thazhaiyuthu and the petitioner/7th accused was a Contractor for the supply of gypsum, fly ash, electrical contracts and other matters for the company.

(3.) ONCE the fact that the witness Manimaran overhearing the speech of the petitioner and the 6th accused instigating the 2nd accused shanmugham to murder Vasudevan goes, there is absolutely no material to commit the petitioner to Sessions. Therefore, if the trial is proceeded retaining the petitioner also as 7th accused, it will be an abuse of the process is concerned. In the decision reported in State of Karnataka v. L. Muniswami, 1977 crl. L. J. 1125: A. I. R. 1977 S. C. 1489, the Supreme Court has observed as follows: 'in the exercise of this wholesome power the High court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed.'