K SRINIVASAN IYENGAR Vs. STATE

JUDGEMENT

(1.) IT is submitted by learned senior counsel for the petitioners that the petitioners have been arrayed as accused in S.T.C.No.31 of 1989 on the file of District and Sessions Judge for Essential Commodities Act Cases, Madurai, for offences under Section 6(2) and (3) of the Tamil Nadu Schedule Commodities (Regulation of Distribution by Card System) Order, 1982 on a petition filed under Section 319, Cr.P.C. The charge sheet was initially filed in S.T.C.No.31 of 1989 against five persons. After filing the charge sheet, the petitioners were arrayed as accused persons under Section 319, Cr.P.C. The first petitioner is a partnership firm, second and third petitioners are partners and the fourth petitioner is the cashier cum bill clerk and they are included as accused. The contention of the learned counsel for the petitioner is that there is no legal evidence against them. The power under Section 319, Cr.P.C. could be exercised by the Court either suo motu or on an application by any one including the accused standing trial before the Court. But the discretion to act under the provision lay entirely with the court which was bound to exercise it judicially having regard to the facts of each case. The evidence under Section 319(1) for the formation of opinion for proceeding against a person not being an accused is the evidence brought before the Court during enquiry or trial. Such evidence may be oral consisting of statements of witnesses.