Pitchai vs The State Rep By
2021 Latest Caselaw 22279 Mad

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 12.11.2021

                                                     CORAM:

                                  THE HON'BLE MR JUSTICE G.ILANGOVAN

                                           Crl.OP(MD)No.3696 of 2019
                                                     and
                                           Crl.MP(MD)No.2152 of 2019

                     Pitchai                         ... Petitioner/Petitioner
                                                         vs.

                     1.The State rep by
                       The Inspector of Police,
                       Sindhupatti Police Station,
                       Madurai District.
                       (Crime No.41 of 2015)
                     2.T.Sivaraman
                     3.R.Sundaramoorthy
                     4.R.Sundari
                     5.A.Rajaram
                     6.A.Balakrishnan
                     7.P.Palanikumar
                     8.S.Ramya
                     9.K.Chinnakaruppan
                     10.C.Ochukalai
                     11.C.Chinnachamy

                     1/6




https://www.mhc.tn.gov.in/judis
                     12.C.Palaniyammal
                     13.C.Ramesh
                     14.M.Thangamalai                  ... Respondents/Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to withdraw the case in C.C.No.59 of 2017
                     pending on the file of the Judicial Magistrate, Thirumangalam and
                     transfer the same to VI Additional Sessions Judge, Madurai to be tried
                     simultaneously along with S.C.No.38 of 2016 pending on the same Court.


                                  For petitioner     : Mr.D.Malaichamy
                                  For R1             : Mr.E.Antony Sahaya Prabahar
                                                       Additional Public Prosecutor

                                                       ORDER

This petition is filed seeking transfer the case in C.C.No.59 of

2017 pending on the file of the Judicial Magistrate, Thirumangalam, to

the VI Additional Sessions Judge, Madurai, to be tried simultaneously

along with S.C.No.38 of 2016, pending on the same Court.

2.It is a case in counter case. On the basis of the complaint

given by the petitioner, against the respondents 2 to 14 & 20 others, a

https://www.mhc.tn.gov.in/judis case in Crime No.40 of 2015, was registered for the offence punishable

under Sections 147, 148, 294(B), 323, 324 and 506 (ii) IPC. Similarly, on

the basis of the complaint given by the third respondent herein, a case in

Crime No.41 of 2015 was registered for the offence punishable under

Sections 147, 148, 294(B), 323, 324 and 506 (ii) IPC. Since one of the

injured was died, it was altered to Section 302 IPC. Now, it is pending

before the VI Additional Sessions Judge, Madurai, in S.C. No.38 of 2016.

3.Since both the occurrence said to have taken place as counter

occurrences, it is a settled proposition of law that it must be

simultaneously tried by the same Court. For that purpose, the learned

counsel for the petitioner would rely upon the judgment of this Court,

reported in Ganesan and other Vs. The Inspector of Police,

Kodambakkam Police Station, Chennai (Crime No.1915 of 1998)

2011 (5) CTC 747.

4.As per the settled proposition of law, the case pending before

the learned Judicial Magistrate, Thirumangalam, is transferred to the

https://www.mhc.tn.gov.in/judis VI Additional Sessions Judge, Madurai. The learned Judicial Magistrate,

Thirumangalam, is directed to send entire records to the learned

VI Additional Sessions Judge, Madurai. On receipt of the records and the

appearance of accused persons, the VI Additional Sessions Judge,

Madurai, shall conduct the simultaneous trial in both the matters.

5. With the above direction, this Criminal Original Petition is

disposed of. Consequently, the connected miscellaneous petition is

closed.

12.11.2021

dss Index : Yes/No Internet: Yes Speaking/Non-Speaking order

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis To

1.The Judicial Magistrate, Thirumangalam.

2.The VI Additional Sessions Judge, Madurai.

3.The Inspector of Police, Sindhupatti Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis G.ILANGOVAN , J.

dss

Crl.OP(MD)No.3696 of 2019 and Crl.MP(MD)No.2152 of 2019

12.11.2021

https://www.mhc.tn.gov.in/judis