RENJU SOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks to quash Annexure-X order dated 26.07.2019 passed by the learned Judicial First Class Magistrate-I, Kanjirappally in C.C. No.413/2016, ordering her to be impleaded as additional fourth accused invoking Section 319 of the Code of Criminal Procedure,1973(for short, 'the Cr.P.C .).

(2.) As per Annexure-VIII final report laid, three accused have been prosecuted for offences punishable under Sections 323 , 341 , 427 and 294(b) of the Indian Penal Code, 1860 on the allegation that they, in furtherance of their common intention voluntarily caused hurt to third respondent, who is the de facto complainant, on 23.01.2016 in front of a garment shop after wrongfully restraining her and also caused mischief to her gold ornaments. It is also alleged that abusive words were used against de facto complainant by the accused.

(3.) After charge having been framed, the de facto complainant was examined as PW1. During the course of her examination, she submitted that besides the accused in Annexure-VIII final report, petitioner was also involved in the crime. She testified that petitioner kicked PW1 and slapped on both of her cheeks. The learned Magistrate relying on the testimony given by PW1 and also taking account of the fact that name of petitioner was already disclosed in Annexure-I First Information Statement(FIS), held that petitioner was also involved in the crime. On the basis of the satisfaction so arrived at, the petitioner was ordered to be impleaded as additional fourth accused exercising the discretionary power under Section 319 of the CrPC.