LAWS(MAD)-2009-7-442

V ANDIAPPAN Vs. INSPECTOR OF POLICE

Decided On July 22, 2009
V. ANDIAPPAN Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition for direction to direct the learned Magistrate No.I, Ponneri, Thiruvallur District, to commit the case in E-5, Arambakkam Police Station Crime No,426 of 2001 now pending trial as the case in C.C.No,339 of 2003 on the file of the learned Judicial Magistrate No.I, Ponneri, to the Sessions Court, Thiruvallur, for further proceedings under Chapter XVIII of Cr.P.C, for the offence under Section 302 IPC.

(2.) THE petitioner contended in the petition that he was examined as the prosecution witness No,6 in C.C.No,339 of 2003 on the file of learned Judicial Magistrate No.1, Ponneri, for a case registered on an offence under Sections 147, 148, 452, 336, 323, 324, 337 and 307 IPC. Subsequently, the said case was altered for offence under Sections 147, 148, 351, 332, 324, 336 r/w.149 of IPC.

(3.) WHEN the petitioner approached the respondent police again and questioned them as to why the case was not registered for the offence under Section 302 IPC, he was informed by the respondent police that the Additional Public Prosecutor will submit his opinion and that the case will be sent to the Sessions Court in due course. However, the trial of the above mentioned case has commenced before the Court of Judicial Magistrate No.I, Ponneri, itself and inspite of evidence supporting the offence under Section 302 IPC, the learned Magistrate has not taken any steps to refer the case to the Court of Sessions, but on the contrary the Magistrate is attempting to dispose of the case.