Accused in a Sessions case under Sections 147, 148, 302 and 506(2) IPC challenged dismissal of his discharge petition, pleading alibi via hospital treatment records. Held that correctness of such records cannot be adjudicated at charge-framing stage; several eye witnesses spoke to his involvement. Revision dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.R.C.No.2360 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.R.C.No.2360 of 2025
Siva @ Sathiyaseelan
... Petitioner
Vs.
The State Represented by, The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai District. ...Respondent
PRAYER: Criminal Revision Petition filed under Section 442 of BNSS to call for the records relating to set aside the impugned order in Crl.M.P.No.137 of 2025 in S.C.No.171 of 2024 dated 25.04.2025 on the file of the District and Sessions Court, Mayiladuthurai.
For Petitioner : Mr.R.Sankarasubbu For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)
JUDGMENT
The Revision Petition has been filed changing the dismissal of the
discharge petition passed by the learned District and Sessions Judge, Mayiladuthurai.
1 / 4
Crl.R.C.No.2360 of 2025
2. The petitioner is facing prosecution for the offence under Sections
147, 148, 302, 506(2) of IPC in S.C.No.171 of 2024 on the file of the District and Sessions Court, Mayiladuthurai.
3. The gist of the allegation is that the petitioner along with other
accused had entered into wordy altercation with the victim girl and therefore attacked her with aruval as a result of which she died on the way to the hospital.
4. The petitioner filed a discharge petition before the trial Court and
the same was dismissed by the impugned order.
5. The learned counsel for the petitioner submitted that the petitioner is aged about 55 years; that he was suffering from diabetes, he was taking treatment in the private hospital between 16.06.2024 and 19.06.2024; that the medical records would confirm the same; that the allegation that he was involved in the alleged occurrence on 17.06.2024 is false; and that hence the petitioner ought to have been discharged from the case.
2 / 4
Crl.R.C.No.2360 of 2025
6. The learned Government Advocate (Crl. Side) would submit that the prosecution had examined 24 witness, out of which, 7 of them are eye witnesses and all of them stated about the involvement of the petitioner; that the question as to whether the petitioner was present at the scene of occurrence or was taking treatment at the hospital cannot be adjudicated at the stage of a discharge petition.
7. The petitioner has claimed alibi on the basis of certain hospital
records. The correctness or otherwise of the records cannot be gone into at the stage of charge framing. The learned Judge has observed that several eye witnesses have spoken about the involvement of the petitioner in the crime. Therefore, this Court finds no infirmity or illegality in the said order as the plea of alibi cannot be adjudicated at this stage.
6. Accordingly, this Criminal Revision Petition is dismissed.
sma Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No
02.12.2025
3 / 4
Crl.R.C.No.2360 of 2025
SUNDER MOHAN, J.
sma
To
3 .The Public Prosecutor, High Court, Madras.
Crl.R.C.No.2360 of 2025
02.12.2025
4 / 4
2 issues framed by the court
Whether a plea of alibi based on hospital records can be considered at the discharge/charge-framing stage.
Whether the trial court's dismissal of the discharge petition was infirm.
2 provisions across 2 enactments
Siva @ Sathiyaseelan
The State Represented by, The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai District
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
