The High Court improperly exercised revisional jurisdiction by setting aside an interlocutory order, which is prohibited under Section 397(2) of the Cr.P.C.

J U D G M E N T

BELA M. TRIVEDI, J.

1. Leave granted.

2. The instant appeal filed by the Appellant – Defacto Complainant arises out of an extremely unusual and untenable Judgment and Order dated 27.07.2017 passed by the High Court of Judicature at Madras in Criminal Revision being Crl.R.C. No.1268 of 2016 filed by the Respondent No. 2 (originally Accused No. 2) under Section 397 and 401 of Cr.P.C ., whereby the High Court while allowing the said Revision Application set aside the order dated 18.10.2016 passed by the Principal Sessions Judge, Dharmapuri framing charge in SC No.90 of 2015, and directed the further investigation in Crime No.2074 of 2009 under Section 173(8) of Cr.P.C .

3. The brief facts leading to the present appeal are that an FIR being No. 2074 of 2009 came to be registered on 24.11.2009 at Police Station, Dharmapuri against 9 accused including the Respondent No. 2 (A-2) for the offences under Section 147, 148, 323, 324, 307 and 302 of IPC. The said FIR was registered at the instance of the defacto complainant ADMK Ravi i.e., the present appellant. It was alleged inter alia in the said FIR that on 24.11.2009, the accused no. 1 S.R. Vetrivel, AIADMK Town Secretary along with his group prevented the complainant and his group from filing the nomination at AIADMK Party Office at Dharmapuri and also started threatening the complainant. The Accused Vetrivel thereafter shouted to bring weapons that were kept in a vehicle parked at the ground floor of the Dharmapuri District Party Office and the Accused Baskar son of Mathikonpalayam Pachiyappan (the Respondent No. 2 herein) brought the weapons kept in his Tata Safari White Car. Thereafter, the accused Vetrivel holding the knife ran towards the brother of the complainant i.e. Veeramani, who was running towards the complainant. Thereafter the accused Mathikonpalayam Annadurai caught hold of Veeramani and the accused Vetrivel stabbed Veeramani with knife on his chest and the accused Baskar (R-2) gave a blow on the head of Veeramani repeatedly and also beat the complainant with the iron pipes. The other accused also assaulted the complainant and others as narrated in the said FIR. Thereafter the complainant and his brother Veeramani were taken to the Dharmapuri government hospital by some people for treatment, where his brother Veeramani expired during the course of treatment.

4. The Investigating Officer after collecting sufficient evidence against all the accused submitted chargesheet implicating 31 accused before the Court of Judicial Magistrate, who committed the case to the Court of Sessions for trial.

5. The Respondent No. 2 filed an application before the Sessions Court seeking his discharge from the case under Section 227 of Cr.P.C . in the said Sessions case, which came to be dismissed by the Sessions Court vide the order dated 01.07.2016. The said order came to be challenged by the Respondent No. 2 before the High Court by filing a Revision Application being No. Crl.R.C. No. 953 of 2016. The said Revision Application came to be dismissed by the High Court vide the order dated 05.08.2016 specifically holding that there were sufficient incriminating materials available against the Respondent No.2 to frame the charge and that the Sessions Court had rightly dismissed the application filed by the Respondent No. 2 under Section 227 of Cr.P.C .

6. It appears that thereafter the Sessions Court framed charge against all the accused. The Respondent No. 2 (A-2) was charged for the offence under Section 302 r/w 149, 147, 148 and 324 of IPC. The Respondent No.2 along with other accused again filed a vexatious application being CRMP No. 1679/2016 in SC No. 90/2015, under Section 216 of Cr.P.C seeking alteration of the charge on the ground that the accused no. 2 and others were not present at the scene of offence on 24.11.2009. The said application came to be dismissed by the Sessions Court vide the order dated 18.10.2016 specifically observing that there were statements of eye