BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 19.04.2021 DELIVERED ON : 20.09.2021 CORAM THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.R.C.(MD) No.538 of 2017 and CRL.M.P.(MD)No.6035 of 2017 Rajasingh : Petitioner Vs.

1.The State, represented by Sub-Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

(Cr.No.404 of 2008)

2.Raghavan

3.Mohankumar : Respondents PRAYER: Criminal Revision Petition filed under Section 397 Cr.P.C. r/w. Section 401 of Criminal Procedure Code, to call for the records in Crl.M.P.No. 10908 of 2016, dated 02.03.2017 in C.C.No.99 of 2008 on the file of the Judicial Magistrate Court, Sivakasi, Virudhunagar District and set aside the same as illegal.

For Petitioner : Mr.Veerakathiravan Senior Counsel for Mr.M.Solaisamy For R1 : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (crl.side)

For R2 :Mr.S.Muthukumar For R3 :Mr.S.Ramasamy ***

ORDER

This revision is filed as against the judgment in Cr.M.P.No.10908 of

2016, in C.C.No.99 of 2008, dated 02.03.2017 by the learned Judicial Magistrate, Sivakasi, Virudhunagar District.

2.Heard Mr.Veera Kathiravan, learned Senior Counsel for Mr.M.Solaisamy, learned Counsel for the petitioner, Mr.A.P.G.Ohm Chairma Prabhu, learned Government Advocate (Crl.side) appearing for the first respondent, Mr.S.Muthu Kumar, learned Counsel for the second respondent and Mr.S.Ramasamy, learned Counsel for the third respondent.

3.The facts relevant to the case in brief are as follows:

3.1.The third respondent/de-facto complainant, believing the workds of the advertisement of the Bell Hotel Management, admitted his son aged about nine old in the swimming coaching. On 01.05.2008, the third respondent/de- facto complainant left his child in the swimming pool and watched what was happening there. At that time, the coach asked the third respondent/de-facto complainant to wait outside the pool stating that they would be responsible for all the incidents. After some time, the petitioner heard the noise from the pool and the third respondent/de-facto complainant went inside and saw the incident that his son was rescued from the water. Immediately, the son of the third respondent/de-facto complainant was taken to hospital and there, it was declared that his son had already stopped his last breathe. Thereafter, the third respondent/de-facto complainant lodged a complaint before the Sivakasi Town Police Station and the same was registered in Crime No.404 of 2008 only against the coach, who is the in-charge of the swimming coaching. Aggrieved by the registration of FIR, leaving the Management of Bell Hotel, the third respondent/de-facto complainant filed a petition before this Court in Crl.O.P. (MD) No.6563 of 2008 seeking to include the Bell Hotel Management in the case. This Court by order dated 16.07.2009 disposed the case with an observation that the petitioner therein/third respondent herein to move before the learned Judicial Magistrate concerned during the course of examination of witnesses, for further investigation or to include any other person as accused for the offence made out by them. Accordingly, the third respondent/de-facto complainant filed a petition under Section 319 of Cr.P.C. in Cr.M.P.No.10908 of 2016 in C.C.No.99 of 2008 before the learned Judicial Magistrate, Sivakasi, seeking to array the Managing Director of Bell Hotel, viz., Mr.Raja Singh, S/o.Chelladurai, as accused in the case. After hearing both sides and based on the decision of the Hon'ble Supreme Court, the learned Judicial Magistrate, Sivakasi, came to the conclusion that the petition filed under Section 319 of Cr.P.C. has to be allowed in the interest of justice and accordingly, allowed the petition directing to include the Managing Director of Bell Hotel viz., Mr.C.Raja Singh in the case and to issue summon to him.

3.2.Aggrieved by the said order, the petitioner has filed this Criminal Revision Petition seeking to set aside the order passed in Cr.M.P.No.10908 of

2016, in C.C.No.99