Dismissing the application filed by the defacto complainant under Section 319 of Cr.P.C., the present revision has been filed. Based on a complaint given by the petitioner, a criminal case was registered in Crime No.64 of 2007 against nine accused for an offence under Sections 147, 148, 294(b), 323, 324, 427, 448 and 506(ii) of IPC. After investigation, the respondent police also filed a final report and the same was taken on file in C.C.No.120 of 2009 on the file of the learned Judicial Magistrate No.II, Ulundurpet. During trial, P.Ws.1 and 2 gave evidence to the effect that one Krishnapriya was also involved in the offence and that she had not been included as an accused in the said case, and the said name of Krishnapriya was also found place in the First Information Report. In the said circumstances, the Additional Public Prosecutor took out a petition under Section 319 of Cr.P.C., seeking to include her as an accused. The Trial Court, after due consideration, had dismissed the said petition holding that only chief examination of the P.Ws.1 and 2 had been completed. Even in the final report, the investigating officer had not mentioned anything about the said Krishnapriya and the cross examination of P.Ws.1 and 2 is still pending. Moreover, P.Ws.1 and 2 had not spoken anything about Krishnapriya and her name was not found in 161 statement also. Aggrieved against the said dismissal order,
P.W.1 had preferred the present revision.
2. Heard the learned counsel for the parties and perused the materials available on record.
3. A perusal of the evidence of P.Ws.1 and 2 would show that during the examination of P.W.1, he had stated that the accused persons have attacked him with wooden log and pipe and that the said Krishnapriya had only abetted the accused persons to attack P.W.1, but, correspondingly there is no charge has been framed under Section 109 I.P.C.. P.W.2's evidence also does not contain any incriminating evidence against said Kirshnapriya.
4. In the above circumstances, I do not find any infirmity or illegality in the order passed by the Trial Court and hence, this Criminal Revision Petition is dismissed as devoid of merits. Consequently, connected miscellaneous petition is closed.
05.01.2017 Index : Yes/No smi To 1. The Judicial Magistrate No.I, Ulundurpet.
V.BHARATHIDASAN, J.
smi Crl.R.C. No.1133 of 2011 05.01.2017 http://www.judis.nic.in