ORDER

This petition is filed to quash the charge sheet in S.C.No.547 of 2019 on the file of the II Additional Sub Court, Madurai.

2.According to the petitioner, the respondent registered a FIR in Crime No.462 of 2018 for the offence under Sections 279 and 308 of IPC. Thereafter, the investigation was completed in this case and filed final report. The learned Principal Sessions Judge, Madurai had taken cognizance in S.C.No.547 of 2019 and the same was made over to the learned Additional Sub Judge for further proceedings.

3.According to the prosecution case, the defacto complainant and another Head Constable indulged in vehicle checkup, at that time, the petitioner came in a rash and negligent manner in intoxication and dashed against the injured, and one Raja SSI gave a complaint and injured has not given any complaint. Even as per the FIR and charge sheet, the offence under Sections 279 and 308 of IPC would not attract. To attract offence under Sections 279 and 308 of IPC, the accused should have committed the act with intention or knowledge to attempt to commit culpable homicide not amounting to murder. In this case, there is no material to show that the petitioner committed the offe