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2014 Supreme(Mad) 4074

S.NAGAMUTHU
R. Dineshkumar @ Deena – Appellant
Versus
State Rep. By the Inspector of Police, CBCID, Metro Wing, Alandur, Chennai – Respondent


Advocates Appeared:
For the Petitioner:N.R. Elango, Senior Counsel for N. Chandrasekaran, Advocate.
For the Respondents:R1, S. Shanmugavelayutham, Public Prosecutor, R2, R.C. Paul Kanagaraj, Advocate, R3, In Person.

Judgment

1. The petitioner is the Fifth Accused in S.C.No.73 of 2009 on the file of the learned Principal Sessions Judge, Chennai. Altogether, including the petitioner, there are seven accused in the said case. The trial court has framed charges under Sections 147, 148, 302 & 120(B) of IPC. As many as 71 witnesses were cited in the final report. During trial, already, 65 witnesses have been examined on the side of the prosecution and all such witnesses have been cross examined by the counsel appearing for the respective accused, except P.W.64. P.W.64 is one Shri. L. Venkatesh, the 2nd respondent in this revision petition. After the chief examination of P.W.64 [the 2nd respondent herein] was over, the petitioner herein filed a petition in Crl.M.P.No.4188 of 2014 under Section 319 of Cr.P.C. seeking to summon the 2nd respondent/P.W.64 as an additional accused so as to be tried together with the rest of the accused, who are already facing trial. That petition was dismissed by the trial court by order dated 10.03.2014. Challenging the same, the petitioner/A5 is before this court with this criminal revision petition.

2. The said criminal revision petition was admitted on 17.04.2014 and th



























































































































































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