Rejecting a criminal revision plea, the Madras High court has declined to alter charges and include that of murder offence in a case relating to the disappearance and murder of a fisherman, in which former DMK Minister K P P Samy has been listed as an accused.
Justice B Rajendran in his order said "neither the prosecution nor the complainant or anyone interested in the criminal case was entitled to add or alter an existing charge."
"Only the trial court can decide about framing of an additional charge or alter an existing charge upon arriving at a subjective satisfaction on the basis of materials available on records," the judge said.
The criminal revision plea was filed by the Thiruvottiyur Inspector challenging the legality of the order passed by IV Additional and District and Sessions Judge of Ponneri on June 23.
Dismissing the petition, Justice Rajendran said "as rightly pointed out by the trial court, before evidence is let in by the prosecution and the prosecution witnesses are subjected to cross-examination, it is too early for the prosecution to have filed the petition under Section 216 of CrPC for inclusion of the charge."
The deceased fishermen's wife had alleged that she was witness to associates of Samy, the then Fisheries Minister, dragging her husband to the sea on September 25, 2006 and prayed for inclusion of murder charges.
She had alleged that he was murdered because he questioned the use of Tsunami relief funds being handled by the Minister.
Police registered a complaint of a man missing in July 2011. Police neither registered murder case nor was the former Minister accused of the murder.
The present revision petition was filed to permit the prosecution to alter the charges and include that of murder with regard to the offence.
