KANNIAPPAN Vs. STATE

JUDGEMENT

(1.) THE respondents 2 to 4 are the accused in C.C.No.17 of 2007 on the file of the District Munsif cum Judicial Magistrate, Ilayangudi, facing prosecution for the offence punishable under Section 379 I.P.C. In the F.I.R., the name of the petitioner was shown as one of the accused. However, on completing the investigation, the first respondent laid the charge sheet omitting the petitioner, since according to the first respondent there were no materials collected to implicate the petitioner herein.

(2.) FROM the records it is seen that P.W.1 was examined before the lower Court on 26.07.2002. In the Chief examination, he has said that he gave complaint against the petitioner also. At that stage, the Chief examination was stopped at the request of the Assistant Public Prosecutor. Thereafter, a petition under Section 319(1) Cr.P.C was filed before the learned Magistrate by the Assistant Public Prosecutor in M.P.No.5771 of 2007 to include the petitioner as one of the accused. The learned Magistrate, by order dated 03.03.2008 has allowed the said application. Challenging the same, the petitioner has come forward with this Revision Case.

(3.) ACCORDINGLY, this Criminal Revision Case is allowed and the order of the learned District Munsif cum Judicial Magistrate, Ilayangudi dated 03.03.2008 in Crl.M.P.No.5771 of 2007 in C.C.No.17 of 2007 is set aside. The connected M.P.(MD)No.1 of 2008 is closed.