ANIL KUMAR Vs. LATHA MOHAN AND ORS.

JUDGEMENT

(1.) An application under Section 319 Cr.P.C. to proceed against three persons other than the accused was dismissed by the trial court. Aggrieved by the said order, the defacto complainant, who filed the application, came up under Section 482 Cr.P.C.

(2.) Initially, crime was registered against four persons based on a reference of complaint under Section 156(3) Cr.P.C., but after investigation, final report was submitted only against one among the accused persons named in the FIR ie. the 2nd one and a separate report was submitted seeking to delete and remove the names of accused No.1, 3 and 4 in the FIR from the array of the accused.

(3.) It is thereafter, charge was framed and trial was commenced against the 2nd named accused in the FIR, who is the sole accused in the final report submitted. The report submitted for deleting and removing the names of accused No.1, 3 and 4 in the FIR came to the notice of the defacto complainant only at the time of trial of the case. As such, he preferred an application under Section 319 Cr.P.C. at the trial stage to proceed against the above said persons as additional accused.