GURUSAMY Vs. CHINNAPPA GOUNDER

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 20.12.2006 passed by the learned Principal Sessions Judge, Erode in Crl.R.P. No. 96 of 2006 in reversing the order dated 31.8.2006 passed by the learned Judicial Magistrate, Bhavani in Crl.M.P. No. 4931 of 2006 in C.C. No. 130 of 2006, this criminal revision petition is focused.

(2.) THE long and short of the relevant facts, which are absolutely necessary and germane for the disposal of this criminal revision petition would run thus:(i) THE police registered a case in Crime No. 373 of 2005 on a compliant having been referred to it under Section 156(3) of the Code of Criminal Procedure, 1973 as against the accused for the offences under Sections 467, 471 and 193 IPC. After investigating the matter, the police laid the police report in terms of Section 173 of the Code of Criminal Procedure, 1973.(ii) Ultimately, the Court framed the charges as against the accused. At the time of framing charges, the accused filed Crl.M.P. No. 4931 of 2006 for discharging the accused. Whereupon after hearing both sides, the learned Magistrate dismissed the said application.(iii) Being aggrieved by and dissatisfied with the said dismissal of the discharge petition, criminal revision was filed in CRPNo,96 of 2006 before the learned Principal Sessions Judge, Erode, which reversed the order of the lower Court and allowed the Criminal Miscellaneous Petition and discharged the accused.(iv) Challenging and impugning the said order of the learned Principal Sessions Judge, Erode in CRP No. 96 of 2006, this revision is focused by the de facto complainant on various grounds, the warp and woof of them would run thus:THE Principal Sessions Court wrongly applied the law more specifically it misinterpreted Section 195 (b)(ii) of the Code of Criminal Procedure, 1973 and passed such an order. As such, there is perversity in applying the correct provision of law and in deciding the matter.

(3.) THE learned counsel appearing for the respondents would argue in support of the order passed by the learned Principal Sessions Judge and high light that absolutely there is nothing to find fault with it.