ORDER

This petition is filed to quash the charge sheet in C.C.No.47 of 2021 pending on the file of the learned Judicial Magistrate No.I, Virudhunagar.

2.According to the petitioner, the second respondent has given complaint before the first respondent. Based on the complaint, the first respondent registered FIR in Crime No.60 of 2016 for the offence under Sections 147, 148, 447, 427, 341, 324, 506(ii) of IPC. Thereafter, the first respondent filed charge sheet and the same was taken on file in C.C.No.47 of

2021 by the Judicial Magistrate No.I, Virudhunagar.

3.As per prosecution case, the petitioner developed one side love on the defacto complainant's daughter and thereby, he frequently harassed the daughter of the defacto complainant. On 12.04.2016, at about 02.00 a.m, when the defacto complainant along with daughter were sleeping in their house, A2 to A7 formed unlawful assembly with deadly weapons and entered into the house of the defacto complainant and damaged the lock worth about Rs.150/- and after seeing the accused, when the defacto complainant shouted the accused shown the knife and threatened to open the door. In the meantime, after hearing the noise, the neighbors came there. At that time, all the accused ran away from the place after causing injuries to the neighbours namely Kamala Devi and Malaisamy. A1 engaged A2 to A7 to break open the house of the defacto complainant and thereby, all the accused committed the offence under Sections 147, 148, 447, 427, 341, 324, 506(ii) of IPC.

4.In fact the charge sheet has been filed without conducting proper investigation and even if the complaint and FIR are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the petitioner. Initially FIR has been registered for the offence under Sections 457, 511, 506(ii) of IPC against six unknown persons and thereafter, Sections were altered for the offences under Sections 457, 398 of IPC by implicating this petitioner as accused and thereafter, once again on 23.08.2016, the Sections have been altered under Sections 147, 148, 447, 427, 341, 324, 506(ii) of IPC by implicating 7 persons as accused. After completion of investigation, the first respondent filed charge sheet as against the petitioner as against A1 under Sections 147, 148, 447, 427, 341, 506(ii) of IPC which itself prima facie shows the filing of final report as against the petitioner is abuse of process of law.

5.As per FIR and charge sheet and statement recorded from the witnesses would prima facie shows that there is no offence made out as against the petitioner. The charge sheet does not disclose any offence as against the petitioner since there is no specific overt act attributed against the petitioner that he trespassed into house of the defacto complainant and wrongful restrained any one. The prosecution has invented three different stories in this case. In the first 161 Cr.P.C., statement, the witnesses have not disclosed any overt act against the petitioner. In the second statement, it is stated that after arrest of co-accused, he gave confession statement by implicating this petitioner. The petitioner and Thereafter, in the third invented story, there was love affair between the petitioner and defacto complainant's daughter. Therefore, the Investigating Officer has not properly investigated the case and wrongly filed final report against the petitioner and the same is abuse of process of law.

6.No counter was filed on the side of the respondents.

7.The learned counsel appearing for the petitioner has argued that in the FIR, the name of the petitioner was not find place. According to the prosecution, the defacto complainant is an opposite resident and they know very well about the identity of the petitioner. While so at the time of giving complaint, the name of the petitioner was not mentioned and the complaint was lodged as against six identifiable persons for the offence Sections 147, 148, 447, 427, 34