R. Baskaran vs State by: Inspector of Police

M. Chockalingam, J.—This petition is brought forth by the second accused in S.C. No.180 of 2001 pending on the file of the Assistant

Sessions Judge, Kuzhithurai, seeking to quash the proceedings against him.

The petitioner along with two others was committed by the concerned Judicial Magistrate, and the case was taken on file by the Court of

Sessions in S.C. No. 180/01. The petitioner along with others, on committal, was questioned about the case, and the necessary charges were

framed against him for the offences under Ss 342, 323, 194 and 218 read with 34 of I.P.C. Having pleaded not guilty at that stage, the petitioner

has brought forth this petition seeking to quash the charges framed against him in that proceedings.

Interalia, the learned Counsel for the petitioner would submit that there were no basic materials to frame charges against him; that charge under

Sec. 194 of I.P.C. has also been framed against him; that as contemplated under Sec. 195(1)(b) of the Code of Criminal Procedure ,before

proceeding with the case, a sanction has got to be accorded, if it would include Sec. 194 of I.P.C. also; that in the instant case, the procedural

formalities were not followed, and hence, a charge under Sec. 194 of I.P.C. should not have been framed. Added further, the learned Counsel that

the charge framed under Sec. 194 of I.P.C. is to be deleted; that the other charges framed against him under Ss 342, 323 and 218 read with 34 of

I.P.C. are exclusively triable by the Judicial Magistrate; that charges under Ss 342 and 323 are also barred by limitation; that there is no occasion

for the Court of Sessions to proceed with the case, and hence, the proceedings against the petitioner/A-2 have got to be quashed.

The learned Government Advocate (Criminal Side) fairly conceded that the charge under Sec. 194 of I.P.C. has also been framed without

necessary sanction what has been required as per the Criminal Procedure Code, and hence, the charge under Sec. 194 of I.P.C. should not have

been framed; that insofar as the charges under Ss 342, 323 and 218 read with 34 of I.P.C., the Court of Sessions has to be permitted to proceed

with the case against the petitioner along with A-1 and A-3 against whom necessary charges have been framed.

After hearing both sides, the Court has to necessarily agree with the contentions put forth by the petitioner''s side that a charge under Sec. 194

of I.P.C. should not have been framed, since necessary sanction what is required under the Code of Criminal Procedure, has not been obtained.

But, the Court is unable to see any merit in the contention put forth by the petitioner''s side in respect of the charges under Ss 342, 323 and 218

read with 34 of I.P.C., and that too, in particular, in a case where charges against A-1 and A-3 have also been framed. Hence, the charge against

the petitioner/A-2 under Sec. 194 of I.P.C. alone is quashed, and in respect of the other charges against the petitioner/A-2, the Court of Sessions

shall proceed with the trial along with A-1 and A-3. However, it is open to the petitioner to raise the contentions what he is to put forth both legal

and factual plea, at the time of trial.

Therefore, this criminal original petition is disposed of accordingly.