K SHANMUGASUNDARA PATTER Vs. STATE INSPECTOR RAILWAY POLICE

JUDGEMENT

(1.) THIS is a petition to call for the entire records in C. C. No 27063 of 1976 on the file of the Sixth Metropolitan Magistrate, Egmore, and to quash the same.

(2.) THE above calendar case is tried as summons proceeding by the Sixth Metropolitan Magistrate. Egmore. The accusation therein is that the petitioner herein is a goldsmith and commission agent in gold jewels, that on 20-5-1975, at Madras, he, with intent to cause damage to one Ramchandra Achari and to move the Police for action, laid a complaint before the Police with having committed an offence and also moving the Police to set the law in motion for investigation for an offence punishable Under Section 379, I. P. C. knowing at that time, that there was no just ground for such a complaint, end thereby committed an offence punishable Under Section 211, I. P. C.

(3.) MR. V. Venkataraman, the learned counsel appearing for the petitioner, pointed out that the charge Under Section 211, I. P. C. is not correct and that the accusation alleged will constitute a different offence. Inasmuch as no charge has been framed, this being a summons case, the learned counsel submitted that the respondent cannot be allowed to amend the charge-sheet by incorporating a different section instead of Section 211, IPC Mr. Venkataraman further contended that altering of the charge contemplated Under Sections 216 and 221, Cripc will apply only to cases wherein charges can be framed, and will not apply to cases tried as summons cases Under Section 251 of Cr. PC