O R D E R
The petitioner is an accused in CC No.106/2018 on the file of Judicial First Class Magistrate Court, Chalakkudi. The above case is charge sheeted against the petitioner alleging offence punishable under Section 323 of IPC.
2. The gist of the prosecution case is that, on 22.11.2017, while the defacto complainant was waiting in a car near the Judicial First Class Magistrate Court, Chalakkudi, for the purpose of taking bail in an offence punishable under Section 304A of IPC pending before the same court as CC No.1701/2017, the petitioner, who is the son of the deceased in the above case, manhandled the
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defacto complainant by opening the car door and causing injury to the defacto complainant. Based on the complaint submitted by the defacto complainant, who is the accused in CC No.1701/2017, the above case is registered by the Chalakkudi Police as evident by Annexure-A2. Annexure-A3 is the Final Report. According to the petitioner, even if the entire allegations are accepted, no offence is made out. Hence, this Criminal Miscellaneous Case is filed.
3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
4. The petitioner is a practicing lawyer and his mother was died in an accident. According to the petitioner, there was no incident as alleged. It is further submitted that, even if the entire allegations are accepted, the offence under Section
323 IPC is not made out. The petitioner produced
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Annexure-A4 medical records to show that he is a heart patient.
5. The learned Public Prosecutor submitted that the contentions of the petitioner are to be proved before the trial court at the appropriate stage. This Court may not interfere with the prosecution.
6. The offence alleged is under Section 323 IPC. Section 323 IPC says that, whoever voluntarily causes hurt, shall be punishable with imprisonment, either for a term which may extend to one year, or with fine which may extend to One Thousand Rupees, or with both. 'Hurt' is defined in Section
319 IPC. Section 319 of IPC says that, whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
7. This Court perused Annexure-A1 complaint submitted by the defacto complainant.
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Even though, the defacto complainant stated in the complaint that, because of the acts of the petitioner he sustained hurt, except the oral evidence of the petitioner to that effect, there is no medical evidence to support the case. Admittedly, the defacto complainant has not approached any Doctor for the alleged hurt of the petitioner. In such circumstances, I am of the considered opinion that, the continuation of prosecution against the petitioner under Section 323 of IPC is an abuse of process of court.
Therefore, this Criminal Miscellaneous Case is allowed. All further proceedings in CC No.106/2018 on the file of Judicial First Class Magistrate Court, Chalakkudi, arising from Crime No.1427/2017 of Chalakkudi Police Station are quashed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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APPENDIX OF CRL.MC 4394/2018
PETITIONER ANNEXURES
ANNEXURE A1- TRUE COPY OF THE COMPLAINT IN CC NO.1701/17 FILED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHALAKKUDI, DATED
22/11/2017.
ANNEXURE A2- TRUE COPY OF THE FIR IN CRIME NO.1427/17 OF CHALAKUDI POLICE STATION, DATED 01/12/2017.
ANNEXURE A3- CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1427/17 OF CHALAKUDI
POLICE STATION IN CC NO.106/2018
OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHALAKUDI, DATED
28/12/2017.
ANNEXURE A4- TRUE COPY OF THE MEDICAL DISCHARGE SUMMERY ISSUED BY ST.JAMES'
HOSPITAL CHALAKKUDI DATED
10/05/2017.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE