RAJEESH ANDIKUTTY Vs. S I OF POLICE

JUDGEMENT

(1.) The revision petitioner challenges the order of the Magistrate Court by which he was proceeded against presumably under section 319 of the Code of Criminal Procedure ('the Code' for short).

(2.) It appears from the records that while PW1 was examined, he gave evidence that the revision petitioner was also involved in the incident who allegedly assaulted PW1 as a result of which, he sustained injuries and he was taken to the hospital. He gave first information statement as Ext.P1. After investigation, the police referred the case against the revision petitioner and charge-sheeted the case only against the first accused in the crime, for offence under section 341 and 324 of IPC.

(3.) While PW1 was examined in court, he impleaded revision petitioner. The records produced by the prosecution will go to show that he had a case from the right beginning that revision petitioner had assaulted him and he sustained injuries. The medical records are also available to support this. In such circumstances, the trial court observed that the name of the revision petitioner was subsequently deleted for unknown reasons and found it fit to proceed against revision petitioner, after impleading him as the second accused in the case.