PALADUGU RATNA KUMAR Vs. TATINENI VIJAYA SARADHI

JUDGEMENT

(1.) The criminal petition is filed by petitioners against the order dated 24.03.2015 in Crl.M.P. No. 324 of 2015 in S.C. No. 296 of 2012 on the file of the Metropolitan Sessions Judge, Vijayawada, by and under which, the learned Sessions Judge added and arrayed the petitioners herein as A8 to A10 in the sessions case.

(2.) Heard the learned counsel appearing for the petitioners, the learned Public Prosecutor, representing the State and the learned counsel appearing for the 1st respondent.

(3.) Basing on the complaint of the 1st respondent/de facto complainant stating that his brother was killed by A1 to A7 and the petitioners herein on 19.06.2011 at 21.30 hours while he was getting the road works done by the side of Water Tank in Doravanigudem village, the Station House Officer, Challapalli P.S. registered Cr.No.87 of 2011 under Sec. 302 r/w. 34 IPC. The investigation was conducted by CID, RCIU, Vijayawada and after investigation, the police filed charge sheet against A1 to A7 and deleted the names of the petitioners herein, stating that their role is not established. After committal of the case by the jurisdictional Magistrate, the case was numbered as SC No. 296/2012 on the file of the Metropolitan Sessions Judge, Vijayawada. During course of trial, the de facto complainant was examined as PW1 and he named the petitioners as assailants, who committed the offence along with A1 to A7. The de facto complainant/PW 1 filed a petition under Sec. 319 Cr.P.C before the Court below requesting to add the petitioners as accused in the above Sessions case. The Court below by order dated 24.03.2015, allowed the said petition, observing that in the complaint as well as in his evidence, PW 1 stated the involvement of the petitioners herein in the commission of offence. Questioning the said order, the present petition is filed.