R DURAISWAMY Vs. MATHAMMAL

JUDGEMENT

(1.) THE petitioners, who have been arrayed as accused in P.R.C.No,6 of 1987 on the file of the learned Judicial II Class Magistrate, City No.II, Coimbatore, on a petition filed by the complainant / respondent herein under Section 319 of the Criminal Procedure Code, have filed the above Criminal Original Petition to quash the order dated 29.04.1987 passed in C.M.P.No,744 of 1987.

(2.) LEARNED counsel for the petitioners submitted that on a complaint filed by the respondent herein, after recording the sworn statement of the complainant and the four other witnesses, the case was taken on file for the offences under Sections 114, 120 (b), 148, 392 (1) and 448 IPC read with Sections 34 & 39 of the IPC and thereafter the complainant filed C.M.P.No,744 of 1987 under Section 319 of the Criminal Procedure Code alleging that there are allegations against the petitioners herein in the body of the complaint though their names were not mentioned in the cause title and in the sworn statement the names of the petitioners have been mentioned. In the petition it was further alleged that the complainant and the witnesses have stated on oath that the petitioners have committed offence along with the other accused during the course of the same transaction and hence sought for arraying them as accused.

(3.) LEARNED counsel appearing for the respondent also fairly submitted that the procedure adopted by the learned Magistrate is against the very provisions contained in Section 319 of the Cr.P.C., and fairly submitted that even in the complaint and in the swron statements the witnesses have not spoken to anything about the part played by the petitioners and there are no allegations prima facie to constitute the ingredients of the offences alleged. He also fairly submitted that the decision relied upon by the learned counsel for the petitioners is squarely applicable to the facts of this case.