D RAJESWARI Vs. STATE OF A P

JUDGEMENT

(1.) In this petition filed under Section 482 Cr.P.C., the petitioner/accused assails the correctness of the order dated 06-12-2004 passed by the Judicial First Class Magistrate, Suryapet in Crl.M.P.No. 5269 of 2004 in C.C.No. 390 of 2002, impleading her as accused No. 5 in C.C.No. 390 of 2002 on an application filed by the prosecution.

(2.) The relevant facts shorn of details and necessary for the disposal of this case lie in a narrow compass.

(3.) Initially, the police registered a case in Cr.No. 141 of 2002 for the alleged offence under Section 420 IPC against A-1 to A-4 and A-5 and after due investigation into the said crime laid charge-sheet on 21-08-2002 against four persons only, namely, A-1 to A-4, which was taken cognizance by the Judicial First Class Magistrate, Suryapet in C.C.No. 390 of 2002 for the offence under Section 420 and Sections 3 and 4 of Dowry Prohibition Act, 1961. Basing upon statements under Section 161 Cr.P.C. and other evidence in the chief examination of P.W. 1 recorded on 30-08-2004 the prosecution filed the above petition stating that the evidence recorded discloses that along with A-1 to A-4 petitioner herein-sister of A-2 abused P.W. 1 and his mother in a most indecent manner and beat them when they requested to marry Sankoju sumathi who is the sister of P.W. 1 and he also stated that along with A-1 to A-4, petitioner cheated and ruined the life of LW. 1 and her involvement is evident from the 161 statement recorded by the Investigating Officer and by oversight petitioner has not been arrayed as accused. The learned Magistrate by the impugned order allowed the petition adding the petitioner as A-5 in C.C. Questioning the validity and legality of the said order present petition is filed contending that the learned Magistrate without giving notice to the petitioner allowed Crl.M.P. filed by the prosecution; he has not understood the scope of Section 319 Cr.P.C.; the petition filed by the Assistant Public Prosecutor to add the petitioner as accused No. 5 under Section 319 Cr.P.C is not maintainable and on filing the report the complainant if aggrieved has to file an objection for the same but not a petition.