Absence of recovered weapon or size details not ground to quash charge sheet under S.324 IPC; raised at trial.

ORDER

The present petition has been filed by the 2^nd accused in C.C.No.413 of

2023 on the file of Judicial Magistrate No.III, Nagercoil, seeking to quash the charge sheet, wherein, petitioner is charged with offences punishable under sections 341,294(b), 323, 324, 506(ii) of IPC.

2. A perusal of the charge sheet reveals that the petitioner is alleged to have attacked the defacto complainant with a stone and caused a simple injury to the lips of the de facto complainant.

3. According to the learned counsel appearing for the petitioner, Section

324 IPC is not made out, and he submits that, in the absence of recovery of the alleged weapon (stone), the invocation of Section 324 IPC can be justified only upon considering the size and sharpness of the stone.

4. The learned Additional Public Prosecutor appearing for the first respondent would submit that the issue raised by the petitioner is a matter for trial and it cannot be a ground for quashing the charge sheet.

5. Heard learned Counsel appearing on either side and perused the materials available on record.

6. The primary contention of the learned counsel appearing for the petitioner is that, since the stone has not been recovered and the size and sharpness of the stone have not been specified in the charge sheet and hence, Section 324 IPC is not made out. However, this Court is of the considered opinion that such a contention can be raised only during trial and it cannot be a ground for quashing the charge sheet. Therefore, this Court is inclined to dismiss the present Criminal Original Petition.

7. Accordingly, this Criminal Original Petition stands dismissed.

However, there shall be a direction to the learned Judicial Magistrate No. III, Nagercoil, to expeditiously dispose of C.C. No.413 of 2023 on or before

31.07.2026. Consequently, the connected miscellaneous petitions are closed.