Madras High Court
U.R.C.Rasu @ Chandrasekaran vs The State Represented By on 19 September, 2023
Crl.O.P.No.21463 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.21463 of 2023
and
Crl.M.P.No.14767 of 2023
U.R.C.Rasu @ Chandrasekaran
S/o.Duraisamy Gounder ... Petitioner
Vs.
1.The State represented by
Deputy Superintendent of Police,
Crime Branch CID,
Coimbatore District.
Crime No.650 of 2008.
2.P.C.Guhamani
S/o.Chinnasamy Gounder ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to
withdraw S.C.No.25 of 2010 on the file of learned Principal District and
Sessions Judge, Erode and transfer the same to the Assistant Sessions
Court, Perundurai.
1/9
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Crl.O.P.No.21463 of 2023
For Petitioner :Mr.Abudukumar Rajarathinam, Senior Counsel
for Mr.M.Guruprasad
For Respondents :Mr.A.Damodaran, Additional Public Prosecutor [R1]
*****
ORDER
This Criminal Original Petition has been filed seeking for transfer
of proceedings in S.C.No.25 of 2010 pending on the file of Principal
District and Sessions Court, Erode to the Assistant Sessions Court,
Perundurai.
2. Heard Mr.Abudukumar Rajarathinam, learned Senior Counsel
appearing for petitioner and Mr.A.Damodaran, learned Additional Public
Prosecutor appearing for first respondent.
3. The petitioner is facing trial before the learned Principal District
and Sessions Judge, Erode, in S.C.No.25 of 2010 for offences u/s.120-B
r/w 147, 148, 447, 448, 451, 452, 365, 354, 386, 379, 380, 506(ii) IPC
and 3(i) of Tamil Nadu Public Property (Prevention of Damage and Loss)
Act, 1992.
4. There are totally 30 accused persons, who are facing trial and
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Crl.O.P.No.21463 of 2023
the petitioner has been arrayed as A12. Initially, the trial was conducted
before the Principal District and Sessions Court, Erode and six witnesses
were examined on the side of prosecution. Thereafter, the case was
transferred to the file of Assistant Sessions Judge, Perundurai, by virtue
of the order passed in Crl.M.P.Nos.919 and 920 of 2015 in S.C.No.25 of
2010, dated 10.08.2015 and 28 witnesses were examined on the side of
prosecution.
5. The order passed by the learned Principal District and Sessions
Judge, Erode, transferring the case to the learned Assistant Sessions
Judge, Perundurai, was put to challenge before this Court in
Crl.O.P.No.253 of 2016 etc. batch. This Court, by order dated
11.02.2016, set aside the order passed by learned Principal District and
Sessions Judge, Erode and transferred the case back to the file of the
learned Principal District and Sessions Judge, Erode. The order passed by
this Court is reported in C.Guhamani v. State [(2016) 2 LW (Cri) 185].
The Special Leave Petition filed against this order was also dismissed by
the Apex Court.
6. A reference was made to the Division Bench of this Court since
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Crl.O.P.No.21463 of 2023
there were conflicting views expressed by various Single Judges of this
Court with regard to the Court which has the jurisdiction to deal with the
offence under the Tamil Nadu Public Property (Prevention of Damage
and Loss) Act, 1992. One set of Judges had taken a view that it can be
tried even by Additional Sessions Court or Assistant Sessions Court. The
other set of Judges took a view that the Principal District and Sessions
Court alone can deal with the offence. Ultimately, the Division Bench in
the judgment in Mangalanatha Durai and others v. State [(2023) 1 LW
(Cri) 891] categorically held that "Court of Session" will include both
Additional and Assistant Sessions Judges. It is important to note that the
Division Bench while rendering this judgment has specifically overruled
the earlier order passed in Crl.O.P.No.253 of 2016 etc. reported in
C.Guhamani v. State [(2016) 2 LW (Cri) 185]. In view of the same, the
order passed by the learned Principal District and Sessions Judge, Erode,
transferring the case to the Assistant Sessions Court, Perundurai, merged
with the judgment of the Division Bench. It is, under these circumstances,
the present petition has been filed seeking for transferring
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Crl.O.P.No.21463 of 2023
the case from the file of the Principal District and Sessions Court, Erode
to the file of Assistant Sessions Court, Perundurai.
7. Learned Senior Counsel appearing on behalf of the petitioner
submitted that apart from the fact that the order passed by learned Single
Judge was specifically overruled and consequently, the earlier order
passed by the Principal Sessions Judge, Erode, stood revived, the
petitioner also will loose one right of appeal if the case continues to be
tried by the Principal District and Sessions Judge, Erode and in the event
of accused persons getting convicted and sentenced. Therefore, it was
contended that the case must necessarily go back to the file of Assistant
Sessions Judge, Perundurai.
8. Learned Additional Public Prosecutor, on instructions, submitted
that there are totally 135 witnesses to be examined in S.C.No.25 of 2010
and out of the same, 44 witnesses have been examined - 6 witnesses
before the Principal District and Sessions Court, Erode, 28 witnesses
before the Assistant Sessions Court, Perundurai, 1 witness before the
Additional Sessions Court, Erode and 9 witnesses before the Special
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Crl.O.P.No.21463 of 2023
Court for MP and MLA cases, Chennai.
9. In the considered view of this Court, by virtue of the judgment of
the Division Bench referred supra, the case has to necessarily go back to
the file of Assistant Sessions Court, Perundurai, for continuation of
proceedings. This is in view of the fact that the earlier order passed by
learned Single Judge in Crl.O.P.No.253 of 2016 etc. was specifically
overruled by the Division Bench. Therefore, the earlier order of the
Principal District and Sessions Court, Erode, transferring the case to the
Assistant Sessions Court, Perundurai, stands revived. Hence, this Court is
inclined to transfer the case from the file of Principal Sessions Court to
the file of Assistant Sessions Court, Perundurai.
10. In the result, the case in S.C.No.25 of 2010 pending on the file
of Principal District and Sessions Court, Erode, is withdrawn and
transferred to the file of Assistant Sessions Court, Perundurai. The case
file shall be transferred within a period of four (4) weeks by the Principal
District and Sessions Court, Erode. Learned Assistant Sessions Judge,
Perundurai, shall commence the proceedings from the stage at which it
was pending before the Principal District and Sessions Court, Erode.
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Crl.O.P.No.21463 of 2023
Considering the fact that the case has been pending from the year 2010
onwards, the learned Assistant Sessions Judge is directed to dispose of
the case in S.C.No.25 of 2010 within a period of six (6) months from the
date of receipt of a copy of this order.
Accordingly, this Criminal Original Petition is disposed of.
Consequently, connected miscellaneous petition is closed.
19.09.2023
Speaking Order/Non-speaking Order
Index :Yes/No
Neutral citation: Yes/No
gm
To
1.The Principal District and Sessions Court,
Erode.
2.The Assistant Sessions Court,
Perundurai.
3.The Deputy Superintendent of Police,
Crime Branch CID,
Coimbatore District.
Crime No.650 of 2008.
4.The Public Prosecutor,
Madras High Court,
Chennai.
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Crl.O.P.No.21463 of 2023
N.ANAND VENKATESH, J.
gm
Crl.O.P.No.21463 of 2023
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Crl.O.P.No.21463 of 2023
19.09.2023
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