GURRAM BHASKAR S/O RAMANAIAH SPS NELLORE DISTRICT Vs. STATE OF A P REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF AP

JUDGEMENT

(1.) This revision is directed against the order dated 4-11-2011 passed in Crl.M.P.No. 123 of 2011 in C.C.No. 585 of 2007 on the file of Judge, Family Court-cum-Additional District & Sessions Judge, Nellore, whereby and whereunder, the learned Additional Sessions Judge dismissed the application moved under Section 319 Cr.P.C for addition of Gangala Sridhar as an accused in C.C.No. 585 of 2007. Background facts, in a nutshell, are:-

(2.) LW-2-Gurram Bhaskar filed Crl. M.P.No. 123 of 2011 under Section 319 Cr.P.C seeking direction to Gangala Sridhar to take trial along with A-1 to A-3. It is stated in the petition filed under Section 319 Cr.P.C that the witnesses examined during the course of investigation have specifically stated the participation of Gangala Sridhar in the commission of the offence and specific overt act has been attributed to him, i.e., he (Gangala Sridhar) poked LW-2-Gurram Bhaskar with an iron rod on his abdomen. Gangala Sridhar (respondent No. 2 herein) filed counter in Crl.M.P.No. 123 of 2011 opposing the prayer sought for. It is stated in the counter that the police filed charge sheet in the year 2005 and whereas petition under Section 319 Cr.P.C is filed at a belated stage. The statements recorded under Sections 161 and 164 Cr.P.C cannot be utilised for summoning him under Section 319 Cr.P.C to take trial along with other accused.

(3.) The learned Additional Sessions Judge, on hearing the counsel appearing for the parties and on considering the material brought on record, proceeded to dismiss the application, by order dated 4-11-2011. The relevant portion of the order reads as hereunder:-