YOGENDRA CHANDAK Vs. MEHDI ISPAHANI

JUDGEMENT

(1.) This criminal revision petition has been filed to set aside the order dated 17.08.2015 made in Crl.M.P.No.4420 of 2015 in C.C.No.4108 of 2013 on the file of the Chief Metropolitan Magistrate, Chennai, dismissing the petition filed by the prosecution under Sec. 319 of Crimial P.C. to implead the respondents 1 to 4 therein as accused.

(2.) The brief facts of the prosecution case are as follows:

(3.) The learned counsel for the petitioner would submit that after the investigation, final report has been filed by CBCID, excluding the respondents 1 to 3 herein. Subsequently, during the trial only, the prosecution has filed application under Sec. 319 of Crimial P.C. to implead them as accused. From the material evidence available on records would clearly show the involvement of these respondent/landlords and bailiff. The prosecution has purposefully omitted them to implicate as accused in the present case. However, the trial Court without considering the materials available on records erroneously dismissed the application. The witnesses who were examined during investigation have clearly mentioned the name of all the persons involved in the offence, particularly the respondents 1 to 4. In the statements recorded under Sec. 161(3) of Crimial P.C. by the police, the witnesses have clearly narrated the incident and conspiracy hatched by the respondents 1 to 3, who were the ultimate beneficiaries. Even the High Court had refused to quash the case against the main accused and hence, the evidence clearly reveals that the respondent 1 to 4 have instigated, assisted and participated in the offences. Therefore, the order passed by the learned Magistrate is liable to be set aside.