The Madras High Court has set aside a lower court order framing charges in a case relating to intra party rivalry in the AIADMK, in which a functionary was killed on November 24, 2009 and some others injured, and ordered further probe.
Justice CT Selvam recently passed the order on a revision petition filed by P Baskar, who is second accused in the case, praying for setting aside the order of the Principal Sessions Court, Dharmapuri.
In his order, the judge directed the Additional Director General of Police, CB-CID, to further investigate and submit a report in eight weeks from the date of receipt of the order.
The probe shall be restricted to gathering material towards "establishing presence/participation of the petitioner or otherwise in the occurrence proper..," the judge said.
"... Report shall be presented before the jurisdictional magistrate concerned for committal. Upon committal, the principal sessions judge, Dharmapuri, shall consider the same along with other materials on record towards framing charges and then shall dispose of the case as expeditiously as possible," the judge said.
Justice Selvam said, "... The prosecution must be definite of its case."
"Alibi, when claimed by an accused would, as in the case of general exceptions covered under Chapter IV of the Indian Penal Code, have to be pleaded and proved by the accused. This case presents a rare, if not first of its kind position where the material for claim of alibi is produced by the prosecution itself."
"Towards providing definiteness to the prosecution case, this court considers it appropriate to direct further investigation restricted to the question of presence and participation of petitioner at the occurrence proper or his absence thereat," the judge said, disposing of the plea.
In 2009, the AIADMK leadership had announced elections to party posts. When one Ravi and Veeramani proceeded to file nominations, they were assaulted with weapons following which Veeramani died. There were 31 accused in the case.
The case was first investigated by local police but later as per the orders of the high court transferred to CB-CID.
Counsel for the petitioner submitted that some witnesses' statements, including that of a highranking official, mention the presence of the petitioner at Chennai at the time of occurrence of the incident.
The lower court had framed charges on October 18 last year.
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