G.Eganathan vs A.Kaliyamurthy
2024 Latest Caselaw 5027 Mad

Madras High Court

G.Eganathan vs A.Kaliyamurthy on 4 March, 2024

Author: N.Anand Venkatesh

Bench: N. Anand Venkatesh

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 04.03.2024

                                                   CORAM

                         THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

                                          Crl.O.P.No.5077 of 2024
                                        and Crl.M.P.No.3695 of 2024

                G.Eganathan                                                         ... Petitioner

                                                      Vs.

                1.A.Kaliyamurthy

                2.Sundari

                3.K.Selvamani

                4.M.Krishnamurthy

                5.Kavitha

                6.The Inspector of Police,
                  Sirkazhi Police Station,
                  Mayiladuthurai District.
                  (Crime No.550 of 2012)                                         ... Respondents

                PRAYER: Criminal Original Petition is filed under Section 482 of the Code of
                Criminal Procedure, to pass an order of direction to conduct a joint trial of the
                case filed in C.C.No.186 of 2021 on the file of the Judicial Magistrate Court,
                Sirkazhi along with the S.C.No.4 of 2021 on the file of the Sub Court, Sirkazhi
                and to pass appropriate orders to conduct the joint trial in one and the same
                Court.

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                                                       1/6
                                       For Petitioner     : Mr.K.M.Subramanian

                                       For Respondent     : Mr.A.Damodaran
                                                            Additional Public Prosecutor for R6


                                                        ORDER

This criminal original petition has been filed to withdraw the case pending

in C.C.No.186 of 2021 on the file of the Judicial Magistrate Court, Sirkazhi and

to transfer the same to the file of the Sub Court, Sirkazhi to be tried along with

S.C.No.4 of 2021.

2.Heard the learned counsel for the petitioner and the learned Additional

Public Prosecutor appearing on behalf of the 6th respondent.

3.It is brought to the notice of this Court that there is a case and counter

which was investigated in Crime Nos.549 and 550 of 2012 by the respondent

police. The investigation of the police resulted in filing only one final report

before the learned Judicial Magistrate, Sirkazhi which was taken on file in PRC

No.14 of 2017. The matter was thereafter committed to the file of the Sub Court,

Sirkazhi and it was taken on file in S.C.No.4 of 2021. Insofar the other case is

concerned, no final report was filed. Hence, the private complaint was filed by

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the petitioner against the respondents and the same was taken on file in

C.C.No.186 of 2021 by the learned Judicial Magistrate, Sirkazhi.

4.The present petition has been filed to try both the cases together on the

file of the Sub Court, Sirkazhi, since a case and counter is involved and the

matter pertains to the very same incident.

5.The learned Additional Public Prosecutor on instructions submitted that

insofar as the case that is pending in C.C.No.186 of 2021 before the learned

Judicial Magistrate Court, Sirkazhi, the case is at the stage of examination of

LW1. Similarly, insofar as the the case that is pending before Sub Court,

Sirkazhi, the case is almost at the stage of examining LW1. The former case is

posted on 01.04.2024 and the latter is posted on 08.03.2024.

6.Taking into consideration the facts and circumstances of the case and

the submission made on the either side, this Court has to necessarily transfer the

case that is pending in C.C.No.186 of 2021 on the file of the learned Judicial

Magistrate Court, Sirkazhi to the file of the Sub Court, Sirkazhi to be tried

along with S.C.No.4 of 2021. Both the cases shall be dealt with by the Sub

Court, Sirkazhi in line with the judgment of the Apex Court in Nathi Lal and

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others vs. State of Uttarpradesh and another reported in 1990 (Supp) SCC

145. The learned Judicial Magistrate, Sirkazhi shall transfer the entire case

papers in C.C.No.186 of 2021 to the file of the Sub Court, Sirkazhi, within a

period of four weeks from the date of receipt of copy of this order. The learned

Sub Court, Sirkazhi shall proceed further with both the cases and shall complete

the same, as expeditiously as possible.

7.This criminal original petition is disposed of with the above directions.

Consequently, connected miscellaneous petition is closed.

04.03.2024 Index: Yes/No Internet: Yes/No ssr

To

1.The Judicial Magistrate Court, Sirkazhi.

2.The Sub Court, Sirkazhi.

3.The Inspector of Police, Sirkazhi Police Station, Mayiladuthurai District.

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4.The Public Prosecutor, High Court of Madras, Chennai.

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N.ANAND VENKATESH,J.

ssr

04.03.2024

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