ORDER

An order issued under section 319 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”) is challenged in this criminal revision petition.

2. On the basis of an FIR registered as Crime No.292 of

2014 against eight accused, an investigation commenced. Later, the Investigating Officer deleted six out of the eight accused and filed a final report, arraying only two persons as accused. Cognizance was taken as C.C. 1091 of 2014 on the files of the Judicial First Class Magistrate's Court, Kunnamangalam and summons were issued to the accused.

3. When the trial started, PW1 was examined before the court. He deposed that on 23.06.2014 at 7 a.m., the accused had, in furtherance of their common intention, trespassed into his property and, after wrongfully restraining him, abused him with obscene words and also attacked him. He specifically gave evidence that eight persons had attacked him and that he could identify the eight persons. Petitioner is alleged to be one of the eight persons who had attacked the defacto complainant.

4. Subsequently, an application was filed by the Assistant Public Prosecutor under section 319 Cr.P.C to add six persons, mentioned by PW1 during his deposition