T DURAISAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Criminal Revision Case has been filed by the revision petitioner who is A. 1 in C. C. No:201 of 2003 on the file of the learned Judicial Magistrate, Sankagiri against the order passed in Crl. M. P. No. 3253 of 2004 dated 18. 10. 2004 by the learned Judicial Magistrate, Sankagiri, dismissing to implead the persons mentioned by him.

(2.) THE brief facts of the case are as follows:-The petitioner is the President of the Kullampatti Primary Agricultural Cooperative Bank. Based on the report of the Joint Registrar, the case was filed against the petitioner, who is the President and also against the Secretary of the Bank, who are said to be responsible for the day to day affairs of the Bank as per by-law 27 (1) and 27 (2) of the Cooperative Bank. During the course of cross examination of P. W. 1 he has stated that Six persons namely, E. M. Shanmugham, B. Palanisamy, S. Thangaraj, C. Muthupaiyan, R. Kaveri, and the petitioner herein are accused as per the report filed under Section 81 of the Tamil Nadu Cooperative Societies Act. The grievance of the petitioner is that they were not arrayed as accused in the complaint. Hence the petitioner filed Crl. M. P. No:3253 of 2003 before the trial court to implead the above five persons as accused. The learned Judicial Magistrate dismissed the said petition on the ground that a co-accused cannot file a petition to add more accused in the case.

(3.) UNDER Section 319 (1) Cr. P. C. , where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such persons for the offence which he appears to have committed. Under Sub Section (4) where the Court proceeds against any person under Sub Section (1), then the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard.