Madras HC rejects minister Anitha Radhakrishnan's appeal in assault case

CHENNAI: The Madras High Court ordered minister Anitha R Radhakrishnan to appear before the district court to undergo trial in an assault case, refusing his plea to set aside the order. The court ordered him to be included as an accused in the case.

Justice P Velmurugan found prima facie evidence against the minister and dismissed his petition to set aside the order of Tiruchendur judicial magistrate, who had impleaded him as an accused in the assault case.

As the trial was transferred to the Thoothukudi judicial magistrate, the judge directed the petitioner to appear before the trial court. The judge also directed the trial court to issue a summons to the minister and frame charges against him to proceed further with the case in accordance with the law.

The factual matrix of the case shows that in December 2009, during the by-election at Thiruchendur constituency, the de facto complainant Damordaran, a cadre of AIADMK, along with his associates, were canvassing at an election booth in Peyanvillai.

It was reported that Anitha Radhakrishnan, the DMK leader, along with his followers, canvassed for his party at the same election booth. This caused commotion between the cadres of two rival parties, which led to a physical altercation.

The de facto complainant claimed that on the instructions of the minister, an unknown gang with deadly weapons assaulted him and his associates. Based on the complaint, the police registered a case against the minister and 15 others under various sections, including Sections 147, 148, 294 (b), 427, 323, 324, and 506 (ii) IPC.

Later, the police removed the name of the minister from the case.

However, after securing further materials, including the statements of the eyewitnesses, the prosecution filed a petition under Section 319 of CrPC before the Tiruchendur judicial magistrate. It sought to include Radhakrishnan as an accused. After perusing the file, the judicial magistrate ordered that the minister be impleaded as an accused in the assault case.

Aggrieved by the order, the minister moved the present petition to set aside the order.

Senior counsel R Gandhi, who appeared for the minister, submitted that his client was not put on notice and was not given an opportunity to be heard before the order of the judicial magistrate, which is against the provisions of the CrPC. He sought to set aside the order.

After hearing all the parties, the judge held that the court was not inclined to interfere with the judicial magistrate's order owing to a solid prima facie finding against the minister." Section 319 of CrPC aims to ensure that the real offender does not escape punishment, the judge wrote, dismissing the petition.