K. Ranjith Prabhu v. State represented by the Inspector of Police, District Crime Branch, Coimbatore
2014-10-28
C.T.SELVAM
body2014
DigiLaw.ai
Judgment : 1. Petitioners challenge the order of learned Judicial Magistrate VI, Coimbatore, passed in C.M.P.No.5227 of 2010 in C.C.No.545 of 2004, on 30.10.2013, where under a petition filed u/s.319 Cr.P.C by the State was allowed. 2. Heard learned counsel for petitioners. 3. This revision shall stand allowed without so much as issuing notice to the respondent for the simple reason that no reason whatsoever has been given in passing the order under challenge. In deciding an application u/s.319 Cr.P.C., necessarily Court is required to inform reasons why it considers it necessary to implead persons as accused to face trial along with other accused. The order of learned Judicial Magistrate VI, Coimbatore, passed in C.M.P.No.5227 of 2010 in C.C.No.545 of 2004, on 30.10.2013, shall stand set aside. Consequently, connected miscellaneous petition is closed. The matter shall now stand remitted back to the Court below for fresh consideration. While deciding the issue, the Court below shall bear in mind the decision of the Apex Court in Brindaban Das & Others v. State of West Bengal [ AIR 2009 SC 1248 ] which interalia informs that a person cannot be summoned u/s.319 Cr.P.C. towards arraying him as an accused unless there is a good chance of his conviction.