Madras High CourtCRL RC/1271/2019disposed of

G.Govindaraj v. Anjulakshmi

2023-03-30Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.R.C.No.1271 of 2019 and Crl.MP.No.17151 of 2019 G.Govindaraj

...Petitioner/Complainant

.Vs.

1.Anjulakshmi 2.Bommi @ Rajeswari 3.Bhavani 4.Nagavalli 5.Arputham 6.Gopal 7.Pawnu 8.Sundaram 9.Vadivel ... Respondents/Accused Criminal Revision filed under Sections 397 r/w 401 of the Code of Criminal Procedure, to call for the records of the learned Principal Sessions Judge, Chennai pertaining to the order dated 20.8.2019 passed in Crl.MP.No.11367 of 2019 and to modify the same by taking cognizance against all the accused. For Petitioner Mr.G.Mayakrishnan For Respondents R1, R2, R4 to R9 (No appearance) Page No.1 of 4

ORDER

This criminal revision case has been filed against the order passed by the Principal Sessions Judge, Chennai on 20.8.2019, taking cognizance of the private complaint filed by the petitioner only as against A.1, u/s.3(1)(b) of the SC and ST (Prevention of Atrocities) Act, 1989.

2.The learned counsel for the petitioner submitted that the averments that were made in the complaint and the sworn statement that was given by the petitioner clearly establishes that a prima facie case has been made against all the accused persons and inspite of the same, the cognizance was taken only as against A.1. The learned counsel for the petitioner further brought to the notice of this Court that already PW.1 to PW.4 have been examined and the respondents did not take any steps to cross examine these witnesses. 3.In the considered view of this Court, there is no need for this Court to interfere with the order passed by the Principal Sessions Judge, dated 20.8.2019, at this stage. Already four witnesses have been examined on the side of the petitioner. If during the course of trial, the petitioner is able to establish that the other accused persons had also committed the offence and the case must be proceed against them also, it is left open to the petitioner to file an application Page No.2 of 4

u/s.319 of Cr.PC., and seek for adding the accused persons. If any such application is filed by the petitioner, the same will be dealt with by the Court below on its own merits and in accordance with law. This liberty will sufficiently take care of the grievance of the petitioner. There shall be a direction to the learned Principal Sessions Judge, Chennai, to complete the proceedings in Spl.SC.No.4 of 2019, within a period of four months from the date of receipt of a copy of this order.

5.This criminal revision is disposed of in the above terms. Consequently, connected miscellaneous petition is closed.

30.03.2023 KP Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No To Principal Sessions Judge Chennai.

Page No.3 of 4

N. ANAND VENKATESH, J.

KP Crl.R.C.No.1271of 2019 30.03.2023 Page No.4 of 4