G PALANISAMY Vs. STATE

JUDGEMENT

(1.) This revision has been filed against the order passed by the Judicial Magistrate, No.II, Cuddalore in Crl.M.P. No.1111 of 2000 in CC No.200 of 1997, allowing the petition filed by the respondent herein under Section 319 Cr.P.C to add the petitioner as a accused, in the above CC.

(2.) The brief facts of the case is as follows :-

(3.) The learned counsel for the petitioner would now argue that the Magistrate has failed to note that the power conferred under section 319 Cr.P.C is a special and extra ordinary power, required to be exercised only in exceptional cases, when compelling necessity exists. The power should not be exercised merely because some witness points out that there are some allegations against others or in the alternative, one of the witnesses suspects that the offence must be committed with the connivance or the negligence of another person and that the person who is suspected to have been negligent must be added.