RAJA @ KARTHIKEYAN Vs. STATE

JUDGEMENT

(1.) These Criminal Appeals have been filed to set aside the order passed in S.C.No.13 of 2007 dated 10.04.2008 on the file of the Additional District Sessions Cum Fast Track Court No.2, Madurai.

(2.) The case of the prosecution is that the appellants along with one more accused had hired a 'Call Taxi' bearing registration No.TN 59 D 9776 from Vaigai Call Taxi and while they were travelling, they compelled the driver / P.W.1 at knife point to drink an intoxicated cool drink. Then the car was driven by the first accused and the driver of the car was pushed out of the car near Ottanchathiram while he was unconscious. Thereafter, the accused 1 to 3 had tried to sell the car by changing the number of the car as TN 59 T 5575. Being recovered, when the driver / P.W.1 made a complaint before the Ottanchathiram Police Station, since the car was taken from Madurai, the driver was advised to give a complaint before the Madurai Police Station. Thereafter, P.W.1 along with the owners of the Vaigai Call Taxi made a complaint before the respondent police and the respondent police registered the case against the accused for the offence under Section 392 IPC in Crime No.3293 of 2004.

(3.) After completing the investigation, charge sheet was filed before the learned Magistrate for the offence under Sections 392, 394, 367 and 120 (b) IPC r/w 34 IPC. Since the case is triable by the Sessions Court, the learned Magistrate committed the case before the learned Sessions Judge, Madurai. The same was taken on file in S.C.No.13 of 2007.