Advocates:
['M/S PRADEEP JAYARAMAN', '', 'P ALAMELU SARUTHRI', 'R VIJAYAKUMAR', 'C JEYACHANDRAN', 'PUBLIC PROSECUTOR', 'M/S K THENRAJAN', 'S KRISHNAMOORTHYP ARUNB BHARATHI SETHU']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2021

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN

Criminal Revision Case No.770 of 2019

and

Crl.M.P.Nos.10967 of 2019 & 5284 of 2021

1.G.Poongani

2.P.Gurupandian

3.G.Thamarai Selvi

... Petitioners/ Respondent3 to 5

..vs..

1.State Rep.by

Inspector of Police,

H-3, Tondiarpet Police Station,

Tondiarpet, Chennai – 600 081.

2.Thangeswari

3.Gopalakrishnan

... Respondents/1^st Respondent Petitioner &2^nd Respondent

Criminal Revision Case filed under Section 397 read with

401 Cr.P.C, to call for the records in Crl.M.P.No.18476 of

2018 in S.C.No.143 of 2016 on the file of the learned Sessions

Judge, Mahila Court, Chennai and set aside the order dated

06.06.2019.

For Petitioners

:

Mr.Pradeep Jayaraman

For Respondents

:

Mr.K.Mathan

Government Advocate (Crl.Side) for R1

Mr.S.K.Krishnamurthy for R2

O R D E R

This Criminal Revision Case has been filed against the

order dated 06.06.2019 made in Crl.M.P.No.18476 of 2018 in

S.C.No.143 of 2016 on the file of the learned Sessions Judge,

Mahila Court, Chennai.

2.The case of the petitioners is that the second

respondent is the de facto complainant and mother of the

deceased; the third respondent herein is the husband; and the

petitioners herein are in-laws of the deceased. Based on the

complaint given by the second respondent/ de

facto complainant, the first respondent police registered a

case against the petitioners and the third respondent for an

offence under Section 174 Cr.P.C., later on, altered into

Sections 498(A), 304(B) and 306 IPC. After investigation, the

first respondent police filed a charge sheet against the third

respondent/accused and the same was taken on file in

S.C.No.143 of 2016. During the trial, after examination of the

https://hcservices.ecourts.gov.in/hcservices/

prosecution witnesses P.W.1 to P.W.3, the 2^nd respondent herein

filed a petition in Crl.M.P.No.18476 of 2018 under Section 319

Cr.P.C. praying to implead the petitioners 1 to 3 herein as

proposed accused in S.C.No.143 of 2016. After hearing the

arguments and based on the materials the learned Sessions

Judge, Mahila Court, Chennai allowed the petition and

impleaded the petitioners herein as accused. Challenging the

same, the proposed accused have come forward with the present

revision case.

3. On 13.08.2019, this Court, while admitting this

revision case, has granted an order of interim stay thereby,

staying further proceedings of the order dated 06.06.2019 in

Crl.M.P.No.18476 of 2018 in S.C.No.143 of 2016 until the

completion of the present revision case. Now, the second

respondent/de facto complainant filed a vacate stay petition

in Crl.M.P.No.5284 of 2021. However, this Criminal Revision

Case itself is taken up for final disposal on merits.

4.It is seen from the records that after the evidence on

the side of the prosecution side was over, the trial Court

impleaded the petitioners 1 to 3 herein as proposed accused 3

to 5 while allowing the petition filed by the 2^nd respondent/de

facto complaint under Section 319 of Cr.P.C. in

Crl.M.P.No.18476 of 2018 in S.C.No.143 of 2016. A perusal of

Section 319 Cr.P.C. reveals that the Court can implead any

person as accused in any case at any stage, other than the

present accused, if there are materials showing their

involvement in the commission of the offence and such persons

could be tried together with the present accused. Therefore,

based on the evidence of the prosecution witnesses P.W.1 to

P.W.3, when the de facto complainant filed a petition under

Section 319 Cr.P.C, the trial Court after going through the

evidence of P.W.1 to P.W.3, impleaded the petitioners 1 to 3

herein as proposed accused.

5.This Court deems it appropriate to extract Section 319

Cr.P.C, which reads as follows :

''319. Power to proceed against other

persons appearing to be guilty of offence.

(1) Where, in the c