Madras High Court
R.Selvakumar vs The State Through on 29 November, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.O.P.(MD).No.18879 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD).No.18879 of 2023
1.R.Selvakumar
2.R.Tamilselvam
3.T.Selvam
4.Muthuselvam
... Petitioners
Vs.
1.The State Through,
The Inspector of Police,
Tirumangalam Town Police Station,
Madurai District.
2.Manimegalai
3.K.Anand
4.Pandi
5.Rajasekhar
6.Sivaraj Pandian
7.Tamilmani Das
8.Dhanasekarapandian
9.Senbagaraja
1/7
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.18879 of 2023
10.Sivalingam
11.Boominathan
12.Senbagaraja
13.Vimalraja
14.AAdhi Mannan
15.Ayyanar
16.Panapaandi
17.Pandi
18.Ravi
19.AArumugam
20.Muthusamy
21.Premkumar
22.Aravindakumar
23.Palpandi
24.Soundarapandi
25.Sivalingam
26.Silambarasan
27.Arunpandi
28.Thavaselvam
2/7
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Crl.O.P.(MD).No.18879 of 2023
29.Karuppasamy
30.Periyasamy
31.Vasudevan
32.Raja ...Respondents
(R4 to R32 are impleaded as per order of the Court dated 17.11.2023 in
Crl.M.P.(MD).No.16346 of 2023 in Crl.O.P.(MD).No.18879 of 2023)
PRAYER : Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, to issue a direction to order for joint trial with
S.C.No.386 of 2023 pending on the file of the Hon'ble Mahila Court,
Madurai and S.C.No.389 of 2023 pending on the file of the Honble VI
Additional District and Sessions Judge, Madurai to any one of the Court
in Madurai District or any other District in accordance with law.
For Petitioners : Mr.R.Alagumani
For R1 : Mr.M.Sakthi Kumar
Government Advocate
(Crl.side)
For Respondents : Mr.M.Muthuselvan
7 to 11, 13 to 26
28, 30 and 31
ORDER
This petition is filed seeking direction to order for joint trial with
S.C.No.386 of 2023 pending on the file of the Hon'ble Mahila Court,
Madurai and S.C.No.389 of 2023 pending on the file of the Honble VI
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Crl.O.P.(MD).No.18879 of 2023
Additional District and Sessions Judge, Madurai to any one of the Courts
in Madurai District or any other District in accordance with law.
2.The case in S.C.No.386 of 2023 is pending on the file of the
Mahila Court, Madurai District. Another case in S.C.No.389 of 2023 is
pending before the VI Additional District Judge, Madurai.
3.The grievance of the petitioner is that since it is a continuous
transaction, it desirable to try both the matter simultaneously.
4.The learned Government Advocate (Crl. Side) submitted that
both the cases are counter occurrences. The first occurrence happened
on 04.11.2015 at about 04.00 p.m. Over which, a case in Crime No.527
of 2015 was registered against the petitioners for the offences punishable
under Sections 147, 148, 341, 294(b), 353, 324, 307 and 506(ii) of IPC
and Section 4 of the Tamil Nadu Prohibition of Harassment of Women
Act. On the basis of the very same cause of action, another case was
registered against the petitioners in Crime No.528 of 2015 for the
offences punishable under Sections 147, 148, 341, 294(b), 188, 353 and
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.18879 of 2023
307 of IPC and Section 3(1) of the Tamil Nadu Property (Prevention of
Damage and Loss) Act. The second occurrence said to have happened
on the very same day, but time differs.
5.In view of the above said counters occurrences, it is desirable
both the case tried by the very same Court. So that the prosecution and
accused may get benefit. But if tried by difference courts, there is every
possibility of conflict of observations and judgments also. To avoid the
above said undesirable consequential only, the proceedings in S.C.No.
389 of 2023 on the file of the VI Additional District and Sessions Judge,
Madurai, is withdrawn and ordered to be transferred to the file of the
learned Mahila Court, Madurai. The VI Additional District and Sessions
Judge, Madurai, is directed to transmit the entire case records to the
learned Mahila Court, Madurai within a period of one week from the date
of receipt of copy of this order. After receiving the entire records from
the VI Additional District and Sessions Judge, Madurai, the learned
Mahila Court, Madurai, take the matter on file and assign a new number
and also issue notice to the parties for their appearance. Let the trial
process in S.C.No.386 of 2023, on the file of the learned Mahila Court,
Madurai, be kept in abeyance till the both the cases are tried.
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Crl.O.P.(MD).No.18879 of 2023
6.With the above directions, this Criminal Original Petition is
disposed of.
29.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
VSG
To
1.The Mahila Court,
Madurai.
2.The VI Additional District
and Sessions Judge,
Madurai.
3.The Inspector of Police,
Tirumangalam Town Police Station,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.18879 of 2023
G.ILANGOVAN,J.
VSG
Crl.O.P.(MD).No.18879 of 2023
29.11.2023
https://www.mhc.tn.gov.in/judis
