Chennai
Justice V Parthiban before whom the plea moved by Kadappan (Petitioner) of Thirumayam seeking to quash the trial court order which dismissed his discharge petition, said, “A careful perusal of the order passed by the trial court reveals that it has taken into consideration the materials placed before it and has also adverted to the contentions advanced on either side and, being satisfied that a prima facie case has been made out to proceed with the trial, has dismissed the petition filed by the petitioner herein for discharge.”
“This Court is in complete agreement with the view taken by the trial court and is of the considered opinion that no interference is called for with the well-considered order passed by the trial court. Further, it is to be pointed out that no prejudice would be caused to the petitioner if he partakes in the trial and takes it to the logical end. Rather, discharging the petitioner at this point of time would be detrimental and prejudicial to the interest of the prosecution and the defacto complainant, more so when the offence relates to sexual assault on a child,” Justice Parthiban held.
The accused Kadappan on praying for his discharge from the case had contended that the trial court had failed to account for the aspect that the statement of the victim cannot be taken as the basis for registering the case, as the victim is mentally retarded. Moreover, the case has been foisted on him due to personal enmity and that no prima facie case has been made out, he said.
However, the Additional Public Prosecutor (APP) submitted that the materials on record prima facie show the involvement of the petitioner. The trial court, taking into consideration all the materials on record had, by a detailed and well considered order, dismissed the petition for discharge and, therefore, no interference is warranted, the APP said.
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