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2022 Supreme(Online)(MAD) 6641

HIGH COURT OF MADRAS
Hon`ble Dr Justice G. JAYACHANDRAN
GOWTHAMAN – Appellant
Versus
STATE REP.BY – Respondent


O R D E R

Heard the Learned Counsel for the petitioner and the Learned Government Advocate (Crl.Side) for the respondent.

2. It is a case where the charge has been altered by adding Section

326 & 307 of I.P.C. The alteration report though dated 13.07.2020 which is also the date of registration of F.I.R., it has reached the Judicial Magistrate only on 21.08.2020. The Learned Counsel for the petitioner would submit that, there is no ingredient in the material relied by the prosecution to attract Section 326 & 307 of I.P.C. Further, Learned Counsel submit that, by keeping the petitioner in dark about the alteration of charges, his right to effectively defend the case has lost. Presently the case has been committal to the Court of Sessions and made over to the Chief Judicial Magistrate, Thiruvarur. While pending quash petition, the Committal Court has taken the matter on file in S.C.No.57 of 2021 and framed charges including Section 326 and 307 of I.P.C since there is no ingredient for these offence same has to be quashed.

3. Further, the Learned Counsel for the petitioner would submit that, opportunity should be given to the petitioner to establish no ingredient available on record to fr

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