SUDERSAN Vs. STATE

JUDGEMENT

(1.) THERE are petitions under Sec.482 of the Code of Criminal Procedure to call for the records and to quash the proceedings in C.C.No.2170 to 2172 of 1985 and 2331 of 1985 on the file of the XI Metropolitan Magistrate, Saidapet.

(2.) REPORTS under Sec.173, Criminal Procedure Code have been filed by the investigating officer to the effect that an offence under Sec.420, Indian Penal Code appeared to have been committed by the accused in each of the above cases. The matter has been taken on file by the Magistrate. At that stage, the accused has come before this Court to quash the proceedings by slating that there was no substance in the reports filed by the investigating officer and that there was no offence committed by him. If it is so, it is open to him to put forth his pleas under Sec.239, Criminal Procedure Code before the Magistrate when he appears. The Magistrate, before framing charge will examine if necessary the accused, give the prosecution and the accused an opportunity of being heard and if he considers the charge against the accused to be groundless he shall discharge the accused. Therefore, the proper course open to the petitioner is to appear before the Magistrate and make avail of the facilities offered to him under Sec.239, Criminal Procedure Code.