P.B. CHINNAVENKATA RAJA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is filed against the order dated 05.02.2019, passed by the learned Judicial Magistrate No. V, Tirunelveli in Crl. M.P. No. 6698 of 2017 in C.C. No. 285 of 2017, dismissing the discharge petition filed by the petitioner herein under Section 239 of the Criminal Procedure Code.

(2.) According to the prosecution, the defacto complainant has filed a complaint on 02.02.2016 in respect of an incident which took place on 15.12.2015. The Police investigated the case and obtained statements from six listed witnesses. Originally the petitioner along with two other accused, viz., A2 and A3 were charged for the offences under Sections 406, 420 and 506(i) I.P.C, on the basis of the complaint given by the defacto complainant.

(3.) It appears that the petitioner herein along with the two other accused, had approached this Court, challenging the charge sheet in Crl. O.P. (MD). No. 4827 of 2016. This Court after going through the materials, acquitted all the petitioners therein and disposed of the said Criminal Original Petition by quashing the charges in respect of Crime No. 41 of 2016 against the petitioners under Sections 406 and 420 I.P.C and quashed the charge sheet against A2 and A3 under Section 506(i) I.P.C. However, this Court directed the respondent police to investigate the charge under Section 506(i) I.P.C as against petitioner herein/A-1 alone in this crime number and complete the investigation and file a final report before the concerned Court as expeditiously as possible.