MURALI ALIAS MURALEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl. M.C. is filed by the 5th accused in C.C. No. 786/91 which is pending as L. P. Case No. 35/95 on the file of the Judicial First Class Magistrate's Court, Adoor to set aside the order dated 9-12-1994 passed by the Magistrate under Section 319 of the Cr. P.C. arraying him as the 5th accused in this case.

(2.) C.C. 786/91 was taken on file by the Judicial First Class Magistrate's Court, Adoor on the basis of the charge-sheet laid by the S.I. of Police, Pandalam in Crime No. 199/91. Though in that F.I.R. registered by the Pandelam police on the basis of the F.I. Statement lodged by one Medanan the petitioner was arrayed as 1st accused, after investigation charge is laid by the investigating officer only against four accused persons excluding the petitioner herein.

(3.) After the evidence in the case was recorded and the case was posted for judgment after hearing the arguments advanced by the parties, the learned Magistrate re-opened the case and the petitioner who was named as 1st accused in the F.I.R., was arrayed as 5th accused under Section 319 of Cr. P.C. by order dated 9-12-1994. That order is under challenge in this Crl.M.C. filed under Section 482 of the Cr. P.C.