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 offence under Section 308 of IPC. Therefore, the respondent police without conducting proper investigation, mechanically filed the charge sheet under Sections 279 and 308 of IPC. Therefore, based on the final report, now the case is pending before the II Additional Sub Judge, Madurai. Hence, the pending case in S.C.No.547 of 2019 as against the petitioner is abuse of process of law and the pending charge sheet is liable to be quashed.

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

5.The learned counsel appearing for the petitioner would contend that the respondent police have registered the case for the offence under Sections 279 and 308 of IPC. Even according to the prosecution case, no offence under Section 308 of IPC made out and to constitute the offence under Section 308 of IPC, no material is available. Since the injured was Police Officer, the respondent Police have registered FIR under Sections 279 and 308 of IPC and without conducting proper investigation, filed final report for the offence under Sections 279 and 308 of IPC. Thereby, the case in S.C.No.547 of 2019 is abuse of process of law and the same is liable to be quashed.

6.The learned Government Advocate appearing for the respondent would contend that based on the complaint given by the defacto complainant, the respondent registered FIR in Crime No.462 of 2018 for the offences under Sections 279 and 308 of IPC. Thereafter, the case was investigated by the Investigating Officer and filed final report. Based on the 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. At this stage, this petition is not maintainable and liable to be dismissed.

7.This Court heard both sides and perused the materials available on records.

8.On perusal of the records, it is observed that on 16.06.2018, when the defacto complainant along with injured witness were on duty, the petitioner drove the vehicle in rash and negligent manner and dashed against one Palanikumar and caused grievous injury.

9.According to the petitioner, there are no ingredients to attract the offence under Sections 279 and 308 of IPC.

10.On perusal of records, it reveals that as per averments made in the FIR and final report, there is no ingredients to attract the offence under Section 308 of IPC. However, without any ingredients to constitute the offence under Section 308 of IPC, the charge sheet was filed by the respondent and the same was taken cognizance. Therefore, the cognizance taken by the Sessions Court for the offences without any material, is abuse of process of law. Hence, the charge under Section 308 of IPC as against the petitioner is liable to be quashed.

11.As far as Section 279 of IPC