A RAMESH BABU Vs. STATE

JUDGEMENT

(1.) THIS Revision Petition has been filed by the petitioner/proposed accused questioning the order passed by the learned Judicial Magistrate No.I, Tiruchirappalli, including the petitioner as one of the accused by invoking Section 319 of Cr.P.C.

(2.) A case for offences punishable under Sections 341, 427, 324 and 506 (II) I.P.C. was registered in Cr.No.505/1997 against four accused including the petitioner. On conclusion of the investigation the name of the petitioner was deleted in the final report. The learned Magistrate took cognisance of the case and proceeded with the trial. Seven witnesses have been examined. In the chief examination, P.W.7 stated that the petitioner herein has caused injury on him. Thereafter, on the strength of evidence of P.W.7, a petition was filed under Section 319 of Cr.P.C., resulting in the impugned order mentioned above, including the petitioner as one of the accused in the case.

(3.) IN view of the settled position of law as stated above, the order passed by the learned Judicial Magistrate No.I, Tiruchirappalli, in Crl.M.P. No. 5519/2003 in C.C.No. 354/1999 dated 16.4.2004 is set aside and this revision is allowed. Consequently, connected Crl.M.Ps are closed. IN so far as the pending trial is concerned, the learned Magistrate is directed to proceed in accordance with law.