High Court disposed of a criminal petition challenging the addition of accused persons under Section 319 Cr.P.C., holding the order sustainable. The court refused further relief pending trial.
Criminal petition disposed of without prejudice to defences; pending miscellaneous petitions stood closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO
CRIMINAL PETITION No.3333 of 2017
ORDER :
Heard.
Indisputably, from the deposition of P.W.1 not only in chief examination but also cross-examination done by the other accused, it is clear that the petitioners/ A.2 to A.6 participated in the offence and the same is in compliance with the requirement of Section 319 Cr.P.C. Thereby, there is nothing to find fault with the impugned order passed by the learned trial Judge/ Magistrate adding the petitioners as accused Nos.2 to 6 in C.C.No.459 of 2014 on the file of VI Additional Judicial Magistrate of First Class, Guntur.
However, without prejudice to the defences available to the petitioners/ A.2 to A.6 including seeking discharge, if at all any charges are framed against them, the Criminal Petition is disposed of. Needless to state that if at all any application under Rule 37 of the Criminal Rules of Practice is filed by the petitioners/ A.2 to A.6 to consider after hearing for one to represent others, the learned trial Judge/ Magistrate shall consider the same and accord such permission unless their presence is required personally so to direct.
Pending miscellaneous petitions, if any, shall stand closed.
________________________ Dr. B.SIVA SANKARA RAO J
Date: 05.09.2017 va
2 issues framed by the court
Whether the addition of accused Nos. 2 to 6 under Section 319 Cr.P.C. was legally sustainable in view of the depositions.
Whether the Criminal Petition deserves disposal without prejudice to the right of the accused to seek discharge.
1 provisions across 1 enactments
Petitioner/Accused Nos. 2 to 6
State
Dr. B.siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
