P RAJU Vs. STATE

JUDGEMENT

(1.) An order made by the Additional Chief Metropolitan Magistrate, Egmore, Chennai - 600 008 in C.C. No. 6481 of 2012, purportedly under Section 319 of the Code of Criminal Procedure is under challenge by way of revision in this petition. The respondent/CBI filed final report against three accused before the lower court alleging that they had committed offences under Sections 120B read with 420 of IPC read with 420, read with 511 of Indian Penal Code and under Section 7(1)(a)(ii) of Essential Commodities Act, 1955 read with Clause 25(1) & (2) of The Fertilizer (Control) Order, 1985. The lower court took cognisance of the offences on the said final report. It appears that before the lower Court, the third accused filed Crl. M.P. No. 275 of 2013 for discharge, but the trial court, suo motu passed an under Section 319 of Cr.P.C. arraying the petitioners herein as additional accused A-8 and A-9. The petitioners are aggrieved by the same and that is how they are before this Court.

(2.) I have heard the learned counsel for the petitioner, the learned Special Public Prosecutor appearing for the respondent/CBI and also perused the records carefully.

(3.) At the outset, before embarking upon the factual aspects of the matter, let us have a look in to the law on the subject, as envisaged under Section 319 of Cr.P.C. which reads as follows: