This revision case is filed against the order of the learned Additional District Judge, Tirunelveli passed in 08.03.2007 in Crl.R.C.No.1 of 2007 before this Court.
2. By such order, which is challenged herein, the learned Additional District Judge, Tirunelveli set aside the order of the learned Chief Judicial Magistrate, Tirunelveli and directed him to take the case on file.
3. The petitioners herein are Police Personnel. They along with one another were accused of offences under
Sections 167,294(b),506(ii),279,323,355,341,348,380 and
120 I.P.C. in C.C.No.10 of 2006 on the file of the learned Chief Judicial Magistrate, Tirunelveli.
4. The first respondent/complainant moved a complaint before the trial Court, which by order dated 14.10.2006, dismissed the same, where against the first respondent/complainant filed revision in Crl.R.C.No.1 of 2007 and the learned Additional District Judge, Tirunelveli was pleased to allow the same under order dated 08.03.2007. In so allowing the revision, the revisional Court, after drawing reference to various decisions on the matter, found the order of the learned Additional District Judge tainted in as much as such Judge had approached the matter of discharge as one involving the appreciation of evidence. The revisional Court rightly found that all that the lower Court was required to do in a petition for discharge was to ascertain whether or not the prima facie case was made out against the accused. If a prima facie case stood made out then there could be no order of discharge. It is against such a well reasoned order that this revision has been filed. For the reasons above discussed, this revision fails and is dismissed. This Court refrains from making any other observations on the facts of the case or in the manner in which the same was dealt with by the learned Chief Judicial Magistrate, Tirunelveli as that might prejudice the accused. Consequently, connected Miscellaneous Petitions are dismissed.
smn To
1.The Additional District Judge, Tirunelveli.
2.The Chief Judicial Magistrate, Tirunelveli.