K.V.POWNRAJ Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order passed by the Court below in dismissing the Memo filed by the petitioner seeking for afresh de-novo trial.

(2.) The respondent police registered an FIR in Crime No. 5 of 2012 against four accused persons for the offences under Sec. 120(b), 406, 420 IPC & Sec. 5 of TNPID Act 1997. After investigation, a Final Report was filed and on further investigation, additional Final Report was also filed by the respondent police. The Court below took cognizance of the Reports and framed charges against the accused persons.

(3.) The prosecution started examining the witnesses and totally 78 witnesses were examined on the side of the prosecution. At that stage, the prosecution filed a petition under Sec. 319 of Cr.P.C to include the petitioner as one of the accused. For the said purpose, the prosecution relied upon the evidence given by some of the witnesses. The petition was allowed by an order dtd. 22/12/2015 and this petitioner was arrayed as A6 in the proceedings.