HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8160 of 2010 ORDER: This criminal petition is filed by the petitioners-accused Nos.1, 2, 4 and 6, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in C.C.No.73 of 2009 on the file of the Judicial Magistrate of First Class, Rajampet, Kadapa District, taken on file for the offences 147, 148, 324, 326 r/w 149 IPC. On a report given by the 1st respondent, Crime No.88 of 2005 was registered by Rajampet Urban P.S., against the petitioners herein and others for the offences punishable under Sections 147 and 324 IPC. After completion of investigation, the police filed charge sheet against the other accused for the offences punishable under Sections 147, 148, 324, 326 r/w 149 IPC by deleting the names of the petitioners herein and the same was taken on file as C.C.No.73 of 2009 by the learned Judicial Magistrate of First Class, Rajampet, Kadapa District. Subsequently, the 1st respondent filed a petition in Crl.M.P.No.62 of 2010 before the trial Court under Section 319 Cr.P.C. with a prayer to include the names of the petitioners herein and the same was allowed on 26.03.2010 on the ground that the charge sheet does not disclose as to how the names of the petitioners were deleted. Accordingly, the petitioners herein were added as accused Nos.1, 2, 4 and 6 respectively in the charge sheet. Thereafter, the 1st respondent filed Crl.M.P.No.275 of 2010 on 23.07.2010 for issuance of NBWs against the petitioners and the learned Magistrate allowed the said petition on the same day. This Court is of the view that after taking cognizance on the basis of the charge sheet filed by the police and after issuance of summons to the original accused in an earlier occasion, the Magistrate has no right to add the petitioners herein in the charge sheet and issue summons to them invoking the provisions under Section 319 Cr.P.C. Section 319 Cr.P.C. runs as follows: “Power to proceed against other persons appearing to be guilty of offence:- 1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. 2) Where such person is not attending the Court, he may, be arrested or summoned as the circumstances of the case may require, for the purpose aforesaid. (sub-sections (1) and (2) are new provisions. (3) Any person attending the Court, although not under arrest or upon a summons, may be detailed by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. 4) Where the Court proceeds against any person under sub- section (1) then – (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses reheard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial as commenced. As per the provisions of the Section 319 Cr.P.C., only in the course of any enquiry into or trial of an offence, if any new information or any evidence available for proceeding against any person who is not arrayed as an accused, the trial Court has the power to include that person as an accused. Whereas in the present case, cognizance was taken and summons were issued against the petitioners herein by the learned Magistrate at a premature stage. In view of the same, this Court is of the view that the cognizance taken against the petitioners herein is liable to be quashed. In the result, the criminal petition is allowed and the proceedings initiated against the petitioners herein in C.C.No.73 of 2009 on the file of the Judicial Magistrate of First Class, Rajampet, Kadapa District and also the order dated 23.07.2010 passed by the learned Judge in Crl.M.P.No.275 of 2010 issuing NBWs against the petitioners, are hereby quashed. In any event, the learned Magistrate is at liberty to invoke the provisions of Section 319 Cr.P.C. at an appropriate time. __________________ RAJA ELANGO, J 25th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8160 of 2010 (Allowed) 16th August, 2010 CBS