V.Baskar v. State of Tamilnadu
Case brief
What is this about?
The High Court dismissed a criminal revision challenging the rejection of a discharge petition. The court distinguished cited precedents, held no perversity in the lower order, and allowed the trial to continue.
What did the court decide?
Criminal Revision Case dismissed; connected miscellaneous petitions closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.01.2021 CORAM: THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.1292 of 2019 and Crl.MP.No.17515 of 2019
V.Baskar ... Petitioner ..vs..
State of Tamil Nadu Rep.by SHO Villupuram Taluk Police Station Villupuram District, Crime No.297 of 2014. ... Respondent
Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to call for the records in C.M.P.No.127 of 2019 in S.C.No.133 of 2019 on the file of the learned II Additional Subordinate Judge, Villupuram (FAC) dated 24.10.2019 and set aside the same. For Petitioner : Mr.M.Devaraj For Respondent : Mr.K.Madhan Government Advocate (Crl.Side) O R D E R
This Criminal Revision Case has been filed against the order dated 24.10.2019 in C.M.P.No.127 of 2019 in S.C.No.133 of 2019 on the file of the learned II Additional Subordinate Judge, Villupuram (FAC).
- The case was registered against the petitioner for the offence under Sections 286, 336, 304(ii) of IPC r/w Section 8 & 9(B)(3)(C) r/w 5 of Explosive Substance Act. After completion of investigation, the respondent police filed a charge sheet before the learned Judicial Magistrate No.I, Villupuram. After committal, the Sessions Judge taken cognizance of the case in S.C.No.133 of 2019. When the matter is pending before the Sessions Court, the petitioner filed a discharge petition under Section 227 of Cr.P.C and the same was dismissed on 24.10.2019. Challenging the said order, the petitioner is before this Court.
- The learned counsel for the petitioner would submit that there is no materials to implicate the petitioner in this case. Originally, the case was registered against the petitioner for the offence under Sections 286, 336, 304(ii) of IPC r/w Section 8 and 9 (B)(3)(c) of Explosive Act r/w Section 5 of Explosive Substances Act. On completion of https://hcservices.ecourts.gov.in/hcservices/ investigation, charge sheet was filed for the offence under
Issues for consideration
2 issues framed by the court
Whether the order dismissing the discharge petition under Section 227 Cr.P.C. was perverse considering the absence of specific qualification rules for workers in the license.
Whether the learned Sessions Judge erred in not granting discharge in a explosion-related charge sheet where safety measure violations are material only if proven during trial.
Parties & counsel
- petitioner
V.Baskar
- respondent
State of Tamil Nadu
Coram
P. Velmurugan
Case details
As recorded by the court registry
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