IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13780 of 2009(Q) -------------------------------------- CC.872/2004 of J.M.F.C.,VADAKKANCHERRY .................... PETITIONER(S): ---------------------- RAJU,S/O.LATE NARAYANA MENON, AGED 41 YEARS, KANDANGA VEETTIL, CHITTANDA VILLAGE KUNDANNOOR DESOM, THALAPPILLY TALUK, THRISSUR DIST. BY ADV. MR.K.P.RAMACHANDRAN MR.T.NIKLAVU RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKKANCHERRY, THRISSUR DISTRICT. 2. SUB INSPECTOR OF POLICE, VADAKKANCHERRY POLICE STATION, THRISSUR DISTRICT. 3. SECRETARY, CHENGANNUR CO-OPERATIVE BANK LIMITED NO.2187,CHENGANNUR, PIN-689 121. R1 & R2 BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.13780 OF 2009 ------------------------------------------ Dated 22nd May 2009 JUDGMENT Section 319 of Code of Criminal Procedure provides the power to proceed against any other person appearing to be guilty of an offence. Under sub section (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 and the court may proceed against such person for which he appears to have committed. Power under Section 319 can be invoked only it appears from the evidence that such person has committed the offence. Therefore, before recording the evidence, powers under Section 319 cannot be invoked. This petition is filed for a direction to dispose the petition filed by petitioner under Section 319 of Code of Criminal Procedure to implead the wife of the second accused, as additional accused at a time when evidence was not started. For that WPC 13780/09 2 sole reason that petition is not maintainable at this stage. Therefore, no direction as sought for can be issued. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.