N.ELUMALAI Vs. STATE

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below dismissing the petition filed under Section 319 of Cr.P.C in order to array respondents 2 to 4 herein as accused in the case.

(2.) The petitioner is the defacto complainant. He lodged a complaint before the respondent alleging that on 18.07.2012, when the Revenue Inspector and the Village Administrative Officer were conducting the enquiry with regard to running a brickkiln without licence, the petitioner was attacked by six named accused persons and he was also threatened with dire consequences. The complaint was registered in Cr.No.259 of 2012 and upon investigation, a final report came to be filed before the Court below as against these accused persons for an offence punishable under Sections 147, 148, 323, 324 and 506(ii) of IPC. The charges were framed and the case was at the stage of trial. The petitioner, who is the defacto complainant was examined as P.W.1. During the course of examination, the defacto complainant, namely, the petitioner made a statement to the effect that when he went for enquiry on 18.07.2012 at about 4.00 p.m to the Revenue Office, the Village Administrative Officer and the Revenue Inspector informed the other accused persons that it was the petitioner who had complained against the accused persons about the illegal brickklin that was run by them and hearing the same, the accused persons attacked the petitioner. The petitioner virtually made an allegation that the proposed accused persons instigated the other accused persons to commit the crime.

(3.) Based on this statement made during the examination-in- chief, the prosecution filed a petition under Section 319 of Cr.P.C in order to add respondents 2 to 5 as accused persons. This petition was dismissed by the Court below by an order dated 31.03.2015. Aggrieved by the same, the present petition has been filed before this Court.