KASTURI RATNAM Vs. THATI LAKSHMI

JUDGEMENT

(1.) This criminal revision case is directed against the order dated 26-5-2000 passed by the learned Judicial Magistrate of First Class, Suryapet in Crl. MP No.1023 of 2000 in CC No.57 of 1996 under which the petition said to have been filed by the petitioners under Section 319 Cr.PC for adding respondents 1 to 3 as accused was dismissed.

(2.) The petitioners are facing trial for the offences under Sections 420 and 406 IPC on the basis of the charge-sheet filed by the Suryapet Police. The trial, in the case, is in progress and 8 witnesses have been examined. At this stage, on behalf of the petitioners, the said application was filed requesting the Court below to add respondents 1 to 3 as accused in this case on the ground that they were also partners of the firm Sri Kanaka Durga Chit Fund Company.

(3.) The contention of the learned Counsel for the petitioners is that the version given to the police and also during the evidence given in the Court is that the partners of the said chit fund firm cheated the complainant. The contention of the learned Counsel for the petitioners is that inasmuch as respondents 1 to 3 are also partners of the said chit fund firm along with the present accused, they should be arrayed as accused in this case. The learned Public Prosecutor opposed the petition stating that no material was brought forth during the evidence of PWs.1 to 8 examined so far to establish and criminal liability of respondents 1 to 3 in the alleged offences and as such the said learned Magistrate rightly rejected the application.