Madras High Court
Sanjith vs State Rep. By Inspector Of Police on 12 January, 2023
Crl.O.P.(MD)No.17121/2019 & 16244/2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.01.2023
CORAM:
THE HONOURABLE MR JUSTICE SUNDER MOHAN
Crl.O.P(MD)No.16244 of 2016
and
Crl.M.P(MD)No.7920 of 2016
and
Crl.O.P(MD)No.17121 of 2019
and
Crl.M.P(MD)No.10125 of 2019
Crl.O.P(MD)No.16244 of 2016
Sanjith ... Petitioner/Accused 4
Vs.
1.State Rep. by Inspector of Police,
Thuckalay Police Station,
Kanyakumari District.
(Crime No.304 of 2013) ..Respondent-1/Complainant
2.Raja .. Respondent-2/Defacto
Complainant
PRAYER : Criminal Original Petition is filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the
S.C.No.95 of 2015, now pending before the Subordinate Court,
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Crl.O.P.(MD)No.17121/2019 & 16244/2016
Padmanabapuram and to quash the same, in so far as it relates to the
petitioner concerned.
For Petitioner : Mr.G.Aravinthan
For R1 : Mr.R.Meenakshi Sundaram
Additional Public Prosecutor
For R2 : No appearance
Crl.O.P(MD)No.17121 of 2019
Sanjith ... Petitioner/Accused No.7
Vs.
1.State Rep. by Inspector of Police,
Thuckalay Police Station,
Kanyakumari District.
(Crime No.305 of 2013) ..Respondent-1/Complainant
2.Sankar .. Respondent-2/Defacto
Complainant
PRAYER : Criminal Original Petition is filed under Section 482 of
Criminal Procedure Code, to call for the records relating to the impugned
Charge Sheet in S.C.No.201 of 2017, on the file of the learned
Subordinate Court, Padmanabapuram, Kanyakumari District and quash
the same as illegal, in so far as it relates to the petitioner concerned.
For Petitioner : Mr.G.Aravinthan
For R1 : Mr.R.Meenakshi Sundaram
Additional Public Prosecutor
For R2 : No appearance
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Crl.O.P.(MD)No.17121/2019 & 16244/2016
COMMON ORDER
The petitioner in Crl.O.P(MD)No.16244 of 2016 is an accused No.
4 in S.C.No.95 of 2015 and he is also an accused No.7 in S.C.No.201 of
2017, on the file of the Sub-Court, Padmanabapuram, Kanyakumari
District. He has filed these applications challenging both charge sheets.
2. The learned counsel for the petitioner would submit that both
the cases are connected though they do not relate to the same incident
and both the cases have been filed by the respondent police with
malafide intention and none of the offences made out as against the
petitioner.
3. The learned Additional Public Prosecutor appearing for the first
respondent submits that the trial in S.C.No.95 of 2015 has been
commenced and almost all the witnesses on the side of the prosecution
have been examined. The case is posted to 25.01.2023 for examination
of the Investigating Officer. He would further submit that since one
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Crl.O.P.(MD)No.17121/2019 & 16244/2016
cases is in the advance stage nearing completion i.e., S.C.No.95 of 2015,
the other case in S.C.No.201 of 2017 also may be decided by the trial
Court. Hence he prayed that the trial Court may be directed to try
S.C.No.201 of 2017 simultaneously with S.C.No.95 of 2015 in the
interest of justice.
4. A reading of the charge sheet in both the cases reveals that the
incidents alleged in both the charge sheets are alleged to have taken place
on the very same day. It is therefore, desirable that both the cases are
tried simultaneously. Since S.C.No.95 of 2015 is nearing completion,
this Court is not inclined to quash the said case at this stage and S.C.No.
201 of 2017 which has to be tried simultaneously. However, the
petitioner is at liberty to raise all the points before the trial Court.
5.The learned Sub Judge, Padmanabapuram is directed to expedite
the examination of witness in S.C.No.201 of 2017 and conduct trial
along with the trial in S.C.No.95 of 2015 simultaneously and deliver the
judgment on the same day in both the cases.
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Crl.O.P.(MD)No.17121/2019 & 16244/2016
6. This Court is therefore not inclined to quash the charge sheets in
S.C.No.201 of 2017 and S.C.No.95 of 2015. It is needless to say that the
petitioner can raise all the points before the trial Court. The Sub Judge,
Padmanabapuram is directed to complete the trial within a period of four
months in both the cases in S.C.No.95 of 2015 and S.C.No.201 of 2017,
on the file of the learned Sub-Court, Padmanabapuram from the date of
receipt of a copy of this order.
7. The appearance of the petitioner before the trial Court is
dispensed with unless it is deemed necessary by the Sub Judge for the
progress of trial.
8. With the above observations, these Criminal Original petitions
are disposed of. Consequently, connected miscellaneous petitions are
closed.
Index: Yes/No
Internet: Yes/No 12.01.2023
am
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17121/2019 & 16244/2016
To
1.The Inspector of Police,
Thuckalay Police Station,
Kanyakumari District.
2.The Subordinate Court,
Padmanabapuram.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17121/2019 & 16244/2016
SUNDER MOHAN, J.,
am
Crl.O.P(MD)No.16244 of 2016
and
Crl.O.P(MD)No.17121 of 2019
12.01.2023
https://www.mhc.tn.gov.in/judis
