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2024 Supreme(Online)(MAD) 41941

HIGH COURT OF MADRAS
P.VELMURUGAN, J
R.Anitha Radhakrishnan – Appellant
Versus
The State – Respondent


Advocates:
Mr.R.Gandhi Senior Counsel For M/s.Gandhi Associates, Mr.S.Vinoth Kumar Government Advocate (Criminal Side) for R1, Mr.Calvin Jones for R6 to R9

Table of Content
1. defacto complainant's complaint (Para 2)
2. magistrate's consideration (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. power under section 319 (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
4. order confirmed (Para 22)

ORDER

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 vacancy. On the evening of 06.12.2009, at around 8:00 p.m., the defacto complainant, along with his associates Arasaguru, Sivaprakash, and Suresh Kumar, wer






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