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P. VELMURUGAN
R. Anitha Radhakrishnan – Appellant
Versus
State, rep. by the Sub-Inspector of Police, Arumuganeri Police Station – Respondent
ORDER :
P.Velmurugan, J.
Prayer: Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C. to call for the records relating to the order dated 09.09.2022 made in Cr.M.P.No.2338 of 2019 in C.C.No.237 of 2010 on the file of the learned Judicial Magistrate, Tiruchendur now transferred and pending on the file of the learned Judicial Magistrate No.1, Thoothukudi and set aside the same as illegal.
This Civil Revision Petition is filed challenging the order dated 09.09.2022 passed by the learned Judicial Magistrate, Tiruchendur, in Crl.M.P.No.2338 of 2019, wherein the learned Magistrate, upon considering the petition filed by the prosecution, invoked Section 319 of the Criminal Procedure Code (Cr.P.C.) and directed the summoning of Mr.Anitha Radhakrishnan, the sitting MLA of Tiruchendur, as an additional accused in Crime No.520 of 2009.
2. The facts, as culled from the records, reveal the following:-
2.1. The defacto complainant, Mr.Damodaran, a member of the ADMK party, resides at Peyanvilai. Mr.Anitha Radhakrishnan, a member of the DMK party, is the sitting MLA of the Tiruchendur constituency. In December 2009, a by-election was announced for the Tiruchendur constituency following a
The court held that under Section 319 of the Cr.P.C., prior notice to a proposed accused is not required before summoning, provided there is strong prima facie evidence against them.
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
Section 319 Cr.P.C is an enabling provision empowering Court to take appropriate steps for proceeding against any person(s) not being an accused at any stage during trial i.e., before conclusion of t....
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
The court held that the power under Section 319 Cr.P.C. must be exercised with strong evidence and cannot be invoked after the trial of co-accused has concluded.
The power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
The power under Section 319 Cr.P.C. is discretionary and should be exercised sparingly based on strong and cogent evidence, and the test for summoning a person is one which is more than prima facie c....
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