A trial court can implead any person as accused in any case at any stage if materials indicate their involvement in the commission of the offence and such persons could be tried together with the present accused, the Madras High Court has held.

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Trial court can implead one as accused based on materials: HC
Published: May 27,202102:20 AM

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A trial court can implead any person as accused in any case at any stage if materials indicate their involvement in the commission of the offence and such persons could be tried together with the present accused, the Madras High Court has held.

Madras High Court (File Pic)
Madras High Court (File Pic)
Chennai: Dismissing a criminal revision plea moved by three in-laws of a deceased woman, who were included as an accused in a case of abetment of suicide before the Mahila Court, Chennai, Justice P Velmurugan, said: “The trial court has every power to implead any of the accused at any stage if sufficient materials are available to connect them to the offence.”
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The trio — G Poongani, P Gurupandian and G Thamarai Selvi — had submitted that after investigation, Tondiarpet police filed a charge sheet against the accused, but during the trial, after being examined as prosecution witnesses, the Mahila Court impleaded them in the case based on a petition by the mother of the deceased under Section 319 Cr.P.C.

Justice Velmurugan, holding that records state that after the evidence on the prosecution side was over, the trial court impleaded the three as proposed accused, said: “Section 319 Cr.P.C. reveals the court can implead any person as accused in any case at any stage, and such persons could be tried together with the present accused.”

“There are materials available to show the involvement of the petitioners in the commission of the offence alleged in this case,” the judge held, confirming the sessions judge order to proceed with the case after serving summons on the proposed accused.