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Madras High Court · body

2016 DIGILAW 1418 (MAD)

S. Gunasundari v. State Rep. by its Sub Inspector of Police

2016-04-04

P.DEVADASS

body2016
ORDER : Defacto complainant aggrieved by the rejection of her un-numbered petition which has been filed to include certain left out accused in the case, this revision has been directed. 2. In Cr.No.204 of 2015 Vellamedupettai Police in Villupuram District registered F.I.R. as against A1 to A8. After investigation, the Investigation Officer filed Final Report as against 6 persons, namely, Sekar, Selva Narayanan, Palani, Balu, Suresh and Venkatesan. The Investigation Officer not included certain accused, namely, Rajendran, Kalaiyarasi, Rukku, Valarmathi, Gopi, Rajalakshmi and Parameswari in his Final Report. 3. At this stage, the defacto complainant filed the said petition to take cognizance as against the left out accused also. The learned Magistrate referring the view that there is no prima facie case as against the left out accused, has taken cognizance only as against persons with reference to certain offences 'appears to have been committed' has been stated in the Final Report and issued summons to them under section 204 Cr.P.C. 4. This revision has been directed by the defacto complainant to revive the said Order, include the left out accused in this case by taking cognizance also as against them. 5. In the facts and circumstances, the impugned Order of the learned Magistrate does not suffer from any legality or propriety. 6. However, as on date, the prosecution evidence has not been tendered in the witness box. In such circumstances, if upon incriminating materials presented during the course of enquiry or trial, the learned Magistrate will take further action under section 319 Cr.P.C. 7. This revision is disposed of with the above observations.