Madras High CourtCRL RC(MD)/21/2016dismissed

Saranya v. The Inspector Of Police

2016-06-21Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS C.R.L.RC(MD) No.21 of 2016 Saranya ... Petitioner / Petitioner / De facto Complainant -vs1.State, rep.by The Inspector of Police Allinagaram Police Station Theni District ... 1st Respondent / Respondent / Complainant 2.Shanthi 3.Ramachandran 4.Murugan 5.Muthulakshmi ... Respondents 2 to 5 / Respondents 2 to 5 / Accused 1 to 4 PRAYER: Criminal Revision Petition is filed, under Section 397 and 401 Cr.P.C., to call for the records in Cr.M.P.No.5435 of 2015 in S.T.C.No.552 of 2015 in Crime No.512 of 2014, on the file of the learned Judicial Magistrate, Theni, dated 06.11.2015, and set aside the same and include the respondents 3 to 5 in S.T.C.No.552 of 2015 in Crime No.512 of 2014, on the file of the learned Judicial Magistrate, Theni.

For Petitioner :Mr.S.Muniyandi For Respondents :Mrs.S.Prabha Govt.Advocate (Crl.Side) for R1 Mr.P.T.Thiraviam for R2 to R5

O R D E R

https://hcservices.ecourts.gov.in/hcservices/ This revision has been filed by the de facto complainant as against the dismissal of his petition in Cr.M.P.No.5435 of 2015,

by the learned Judicial Magistrate, Theni, refusing to order for reinvestigation.

2. The grievance of the revision petitioner is that some accused were left out in the final report.

3. On perusal of the records, it is seen that final report has been filed, it has been taken cognizance in S.T.C.No.552 of 2015. Now, trial is also going to start. Still, the bus is not lost. If the prosecution witnesses in the witness box adduces evidence with concrete incriminating evidence implicating certain persons as accused, the learned Magistrate can take further action under Section 319 Cr.P.C. However, the learned Magistrate should not mechanically add them. Only upon incriminating evidence and on perusing the relevant materials, the learned Magistrate can take such action.

4. This revision fails and is dismissed with the above observation.

Sd/ Assistant Registrar(W) /True copy/ Sub Assistant Registrar To:

1.The Judicial Magistrate, Theni.

2.The Government Advocate (Criminal Side) Madurai Bench of Madras High Court, Madurai.

3.The Inspector of Police, Allinagaram Police Station, Theni District.

SDR/SK-SKN/28.06.2016/2P/4C C.R.L.RC(MD) No.21 of 2016 21.06.2016 https://hcservices.ecourts.gov.in/hcservices/