M/S.Thirupathi Traders vs S.Nazarudheen
On that date, the particulars of
offence was read over and explained to the accused and thereby
virtually framed the charge. Then on 25-07-2011, the first
prosecution witness was examined and certain documents were
marked. It was adjourned for cross examination to a further date.
Learned counsel for the petitioner based on Annexure 3
Crl.M.C No.3759 of 2012 7
submitted that addition of the petitioner as accused in the crime
is in violation of the procedure set out in the Cr.P.C. Section 20A
of the P.F.A Act referred to above clearly shows that addition of
the accused under that provision could be done only on
appreciation of the evidence adduced before it during the trial. It
is beyond any pale of dispute that the trial in a warrant case
commences only on framing charges. Here, the charge, as per
the record, was framed without complying with the procedure in
Section 244 Cr.P.C. Therefore, the impleadment of the petitioner
as an additional accused is in disregard of the provisions of the
Code.