P.Rangarajan, Aged 54 Years, v. The State Rep . By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Orders RESERVED ON : 04.07.2022 Orders DELIVERED ON : 13.07.2022

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and Crl.M.P.No.13802 of 2016 1.P.Rangarajan 2.Senthamizselvi ... Petitioners/3rd and 4th Accused Vs.

1. The State, Represented by its Inspector of Police, All Women Police Station, Thirukoilur, Villupuram District.

...Respondent/Complainant

2. Devi

...Respondent/De-facto Complainant

PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C, to set aside the order dated 17.06.2014 in C.C.No.1612 of 2008 on the file of the Judicial Magistrate at Tirukoilur. For Petitioners :

Mr.V.Raghavachari For R1 : Mr.C.E.Pratap, Government Advocate (Crl.Side) For R2 :

No appearance ******* 1/6

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 17.06.2014 in C.C.No.1612 of 2008 on the file of the Judicial Magistrate at Tirukoilur.

2. The petitioners are the accused 3 & 4 in the C.C.No.1612 of 2008 alleged offences under Sections 498A, 494 I.P.C and Section 4 & 5 of Dowry Prohibition Act against her husband and mother-in-law and also alleged that during the subsistence of marriage, he has solemnized marriage with one Usha, D/o.Ganapathy of Udumalpettai.

3. After investigation, the first respondent-Police filed a charge sheet and the same was taken on file in C.C.No.1612 of 2008.

4. During the course of trial, the learned Judicial Magistrate,Tirukoilur has found that from the evidence P.W.1 to P.W.3 Ex.P1 and Ex.P2 marked, a prima facie case has been made out against the petitioners. Accordingly, the learned Magistrate took cognizance of the case against both the petitioners/A3&A4 and issued summons after arraying them as accused and posted the matter for 21.07.2014. 2/6

5. It is clear from the order dated 17.06.2014 that the learned Magistrate has taken cognizance of the offences under Sections 498A, 494 I.P.C and Section 4 of the Dowry Prohibition Act against both the A3 and A4 and the same is under challenge in this Crl.O.P.

6. Mr.V.Raghavachari, learned counsel for the petitioners contended that the present petitioners are added as A3 and A4 in the above Calender Case. However, without being given opportunity of being heard, the learned Magistrate has arrayed them as an accused to the proceedings. He drew my attention to the docket order passed by the learned Judicial Magistrate on 17.06.2014. 7.The learned counsel for the petitioners relied on a decision of the Hon'ble Supreme Court in the case of Jogendra Yadav & Others vs.State of Bihar & another reported in 2015(9) SCC 244, wherein the Supreme Court held as follows:- "However, a person who is added as an accused under Section 319 of the Cr.P.C., is necessarily heard before being so added. From the above, it is clear that, first an opportunity should be given to the proposed accused, as to why, he should not be included as co-accused and after hearing him and analysing the sufficiency of the materials, the Court can either include him or drop action against him." 3/6

8. In view of the law settled by the Hon'ble Apex Court regarding addition of an accused under Section 319 of Cr.P.C., necessary opportunity of being heard should have been issued by the learned Magistrate. Admittedly, the learned Magistrate has not followed the above procedures laid down by the Hon'ble Apex Court before adding the petitioner herein as A3 and A4.

9. Accordingly, the impugned order dated 17.06.2014 of the learned Magistrate is hereby set aside and the same is modified that the learned Magistrate shall issue notice to A3 and A4 as to the effect that why they should not be added as accused persons and thereafter, he could proceed with the Calendar Case in accordance with law.

10. With the above modification, this Criminal Original Petition is allowed to the limited extent indicated above. Consequently, connected Crl.M.P is closed.

13.07.2022 nvi Internet : Yes 4/6

To

1. The Inspector of Police, All Women Police Station, Thirukoilur, Villupuram District.

2. The Public Prosecutor, High Court, Madras.

5/6

RMT.TEEKAA RAMAN,J., nvi order in Crl.O.P.No.27216 of 2016 and Crl.M.P.No.13802 of 2016 13.07.2022 6/6