Z I KHAN Vs. STATE

JUDGEMENT

(1.) THE petitioner in this application dated April 29, 2008 taken out under sections 401 and 482 of the Code of Criminal Procedure, 1973 is seeking an order quashing the G. R. Case No. 83 of 2008 pending before the Chief judicial Magistrate, Port Blair.

(2.) THE G. R. Case No. 83 of 2008 was initiated on the basis of the fir No. 8 dated January 5, 2008 lodged by one Kumari B. Bharthi with the aberdeen Police Station. The police station registered the FIR under sections 342/354 of the Indian Penal Code, 1860. After registering the fir, the competent investigating officer started the investigation. Subsequently, the case was converted to one under Sections 376/511/ 342 of the Indian Penal Code, 1860. After completion of investigation, the investigating officer submitted his report, and consequently charge-sheet no. 28 of 2008 dated January 25, 2008 was submitted under Sections 376/511/342 of the Indian Penal Code, 1860. The case has not yet been committed, and the question of framing the charges has not yet arisen.

(3.) MR. Adhikari, Counsel for the petitioner, has argued that from the materials produced by the investigating officer it will appear that there is absolutely nothing to show that any case has been made out against the petitioner under any of the sections mentioned in the charge-sheet. According to him, permitting the prosecution to proceed further with the case will amount to nothing but sheer abuse of the process of Court. His submission is that to prevent abuse of the process of Court the case should be quashed. According to Mr. Mandal, Counsel for the State, there is absolutely no reason to interfere with the case in which the petitioner will get all necessary opportunities at the time the question of framing charges will be considered to say that the materials produced by the investigating officer cannot be considered any warrant for framing any charge against him under any of the sections mentioned in the charge-sheet.