The Magistrate has the power to summon an additional accused under Section 319 Cr.P.C., but this power should be exercised sparingly and with caution. The Magistrate must be satisfied that a prima facie case exists against the person to be summoned and that there are exceptional circumstances warranting the addition of the accused.

JUDGMENT

K. Sreenivasa Reddy, J. - This Criminal Petition is filed to quash the proceedings in S.C. No. 421 of 2016 on the file of the Court of the VI Additional Sessions Judge, Anantapur at Gooty.

2. On a report given, crime was registered against the petitioner and 15 others for the offences punishable under Sections 147, 148, 324, 307, 302 r/w 149 IPC and 120-B IPC. After the investigation the police filed the charge sheet against A1 to A4 and A6 to A16 and deleted A5 from the charge sheet and the same is numbered as P.R.C. No. 18 of 2015 on the file of the Additional Judicial Magistrate of First Class Court, Gooty. Thereafter objections have been filed by Chittemreddy Indumathi (L.W. 1), Chittem Dattatreya Reddy (L.W. 9) and Thota Venkata Siva Prasad Reddy (L.W. 10) before the Judicial Magistrate of First Class, Gooty in respect of deletion of the name of the petitioner from the charge sheet. By an order dated 23.12.2015, the learned Magistrate passed the following order.

'Perused the protest petition and also citations relied by the counsel for the de facto complainant and also 161 statements of L.W. 1 to L.W. 12. Considering the same, this Court found a prima facie case is made out against A.5 by name Ramesh Naidu as if against remaining accused as mentioned in the charge sheet for the offences under Sections 147, 148, 324, 307, 302 r/w 149 IPC and 120(B) IPC.

Hence the case is taken on file as P.R.C. No. 18 of 2015 under Sections 147, 148, 324, 307, 302 r/w 149 IPC and 120(B) IPC against Accused No. 1 to 16, accordingly issue summons to A.5. Call on 13.1.2016...'

In pursuance of the same, the learned Magistrate included the name of the petitioner as Accused No. 5. After committal to the Sessions Court, the case is numbered as S.C. No. 421 of 2016 on the file of the VI Additional Sessions Judge, Anantapur at Gooty.

3. Brief facts of the case, as per the charge-sheet, are as follows;

One Chittem Vijaya Bhaskar Reddy (hereinafter referred to as 'the deceased') was the resident of Appecherla Village of Peddavadugur Mandal, Anantapuram District. He was previously in Congress party and at the time of Assembly Elections, during 2014, he joined YSR Congress Party. He was elected as President for Single Window Cooperative Society, Krishtipadu Village. A1 to A16 belong to Telugu Desam Party. There is political rivalry between the deceased and the Accused persons to capture the power and it is from the last few years. When the TDP formed the Government and since the deceased was continuing as President of Single Window Cooperative Society, all the accused, being unable to digest the fact that the deceased was continuing as President of Single Window Cooperative Society, Krishtipadu Village, tried to move 'no confidence motion' against the deceased on 09.02.2015. Due to various reasons, it was postponed and finally the officials of the Cooperative Society granted stay against such 'no confidence motion'. Therefore, all the accused planned to get rid of the deceased from the post of Society President. The General Body Meeting of the Society was scheduled to be held on 31.3.2015 and the same was learnt by A1 and others and they all hatched a plan to eliminate him. In furtherance of their common intention, all the accused joined together and came to office of Cooperative Society with sticks in their vehicles and waiting for the deceased. At about 10.00 a.m., on that day of 31.03.2015, the deceased reached Cooperative Society Office, Krishtipadu to attend General Body Meeting along with Chikkem Jayarami Reddy (L.W. 5), Chittem Dattatreya Reddy (L.W. 9), Thota Venkata Siva Prasad Reddy (L.W. 10), Chikkem Ranga Reddy (L.W. 11) and Chittem Virupaksha Reddy (L.W. 12). At about 10.30 a.m., A2 and A4 went to the meeting and informed the deceased that one of the Directors by name Gopal Reddy of Kadaraguttapalli Village died and to enter the same in Minutes Book and send the proposals. The deceased replied to them that it was not under his purview. T