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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Benish @ Sahaya Antony Benish – Appellant
Versus
State Of Tamilnadu Rep By Sub Inspector Of Police, Eathamozhy Police Station Kanyakumari District – Respondent
| Table of Content |
|---|
| 1. alleged stone attack causing simple lip injury. (Para 2) |
| 2. s.324 ipc not quashable without weapon recovery details. (Para 4 , 6) |
| 3. materials perused; arguments heard. (Para 5) |
ORDER
The present petition has been filed by the 2nd 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
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