K. RAVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal filed by the Appellant - Defacto Complainant arises out of an extremely unusual and untenable Judgment and Order dtd. 27/7/2017 passed by the High Court of Judicature at Madras in Criminal Revision being Crl.R.C. No.1268 of 2016 filed by the Respondent No. 2 (originally Accused No. 2) under Sec. 397 and 401 of Cr.P.C., whereby the High Court while allowing the said Revision Application set aside the order dtd. 18/10/2016 passed by the Principal Sessions Judge, Dharmapuri framing charge in SC No.90 of 2015, and directed the further investigation in Crime No.2074 of 2009 under Sec. 173(8) of Cr.P.C.

(3.) The brief facts leading to the present appeal are that an FIR being No. 2074 of 2009 came to be registered on 24/11/2009 at Police Station, Dharmapuri against 9 accused including the Respondent No. 2 (A-2) for the offences under Sec. 147, 148, 323, 324, 307 and 302 of IPC. The said FIR was registered at the instance of the defacto complainant ADMK Ravi i.e., the present appellant. It was alleged inter alia in the said FIR that on 24/11/2009, the accused no. 1 S.R. Vetrivel, AIADMK Town Secretary along with his group prevented the complainant and his group from filing the nomination at AIADMK Party Office at Dharmapuri and also started threatening the complainant. The Accused Vetrivel thereafter shouted to bring weapons that were kept in a vehicle parked at the ground floor of the Dharmapuri District Party Office and the Accused Baskar son of Mathikonpalayam Pachiyappan (the Respondent No. 2 herein) brought the weapons kept in his Tata Safari White Car. Thereafter, the accused Vetrivel holding the knife ran towards the brother of the complainant i.e. Veeramani, who was running towards the complainant. Thereafter the accused Mathikonpalayam Annadurai caught hold of Veeramani and the accused Vetrivel stabbed Veeramani with knife on his chest and the accused Baskar (R-2) gave a blow on the head of Veeramani repeatedly and also beat the complainant with the iron pipes. The other accused also assaulted the complainant and others as narrated in the said FIR. Thereafter the complainant and his brother Veeramani were taken to the Dharmapuri government hospital by some people for treatment, where his brother Veeramani expired during the course of treatment.