ANANTHA KRISHNAN Vs. NALLASWAMY

JUDGEMENT

(1.) The petitioner who is Al in Petty Case No. 4189 of 1983 pending before the 14th. Metropolitan Magistrate, Egmore for an offence under Section 75 of the City Police Act, invokes the inherent powers of this Court under Section 482 Cri. P.C. to quash the above proceedings.

(2.) Quashing is sought for on the ground that 5. 75 City Police Act is a cognizable offence and that, therefore, there should have been an investigation as contemplated under the Criminal Procedure Code and witnesses ought to have been examine and only there after a charge sheet ought to have been filed. In the instant case the report of the Head Constable who is said to have witnessed the occurrence forms the basis of a charge sheet. Hence the proceedings are illegal and have to be quashed.

(3.) Thiru S. Pichai, the learned counsel for the petitioner reiterated the grounds taken by the petitioner in his petition, the learned Public Prosecutor was also heard.