ANTHONY PAL Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case filed challenging the legality of the summon issued by the trial Court under Sec. 61 of Cr.P.C to the petitioner arraying him as an additional accused in the pending trial in C.C.No.45 of 2010.

(2.) The second respondent/Bakiyam gave a complaint to the first respondent police on 11/5/2007 alleging that she is the owner of S.No.508/6C at Kuppaiyanallur Village, Uthiremerur. On 8/5/2007, her land was measured by the Taluk Surveyor and boundaries were fixed. While so, on that day at 11.30 p.m., (i)Asirvatham; (ii)Arokiyadoss; (iii)Sagayam;(iv)Sulochana and (v)Anthony Pal assembled unlawfully, they all trespassed into the land and removed the fence. When her brother Immanuvel and her brother's wife, Lurthumary questioned them, they threatened to kill them. The complaint was registered in Crime No. 308 of 2007 under Ss. 147, 447, 427 and 506(i) of IPC r/w Ss. 2 and 3 Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.

(3.) After completion of investigation, final report was filed against Asirvatham(A1), Arokiyadoss(A2), Sagayam(A3) and Sulochana (A4). The name of the 5 th accused Anthony Pal was dropped for the offence under Ss. 447, 427 and 506(i) was taken cognizance. The second respondent/defacto complainant filed the petition under Sec. 319 of Cr.P.C., before the District Munsif-cum-Judicial Magistrate, Uthiramerur to include Anthony Pal as 5 th accused in the case and issue summon to him for his appearance.