- (1.) Leave granted.
(2.) One Vijayan @ Vijayakumar was killed on 4th June 2008 in the city of Chennai. It appears from the judgment under appeal that the incident occurred in the following manner: "At the time of occurrence, the deceased was proceeding in his car. The assailants came in a white Ambassador car, intentionally dashed the said car against the car driven by the deceased. As a result, the car driven by the deceased came to a halt. Some people suddenly emerged and brutally attacked Vijayan @ Vijayakumar and he succumbed to the injuries instantaneously."
(3.) A case in Crime No.618 of 2008 came to be registered with respect to the said incident at Abiramapuram Police Station, Chennai. A final report came to be filed against seven accused persons of whom the appellant herein is one (A-5). All the seven accused are facing trial in Sessions Case No.73 of 2009 on the file of the Principal Sessions Judge, Chennai. From the judgment[1] under appeal, it appears: "The trial Court has framed charges under Sections 147, 148, 302 & 120-B IPC. As many as 71 witnesses were cited in the final report. During trial, already 65 witnesses have been examined on the side of the prosecution and all such witnesses have been cross examined by the counsel appearing for the respective accused, except PW64. PW64 is one Shri L. Venkatesh, the 2nd respondent in this revision petition. After the chief examination of PW64 (the 2nd respondent herein) was over, the petitioner herein filed a petition in Crl.M.P. No.4188 of 2014 under Section 319 of Cr.P.C. seeking to summon the 2nd respondent/PW64 as an additional accused so as to be tried together with the rest of the accused, who are already facing trial. That petition was dismissed by the trial court by order dated 10.03.2014. Challenging the same, the petitioner/A5 is before this court with this criminal revision petition.";