S.Thirumalaivasan vs /
2024 Latest Caselaw 17456 Mad

Madras High Court

S.Thirumalaivasan vs / on 3 September, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                             Crl.O.P.No.2706 of 2024

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 03.09.2024

                                                     CORAM

                             THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                            Crl.O.P.No.2706 of 2024
                                           & Crl.M.P.No.1956 of 2024
                1. S.Thirumalaivasan.
                2. K.Semmalai.
                3. M.Ranganthan.
                4. S.Udaiyasurian.
                5. K.Subramani.
                6. S.Pownambal.
                7. S.Pandian.                          ... Petitioners

                                                     /versus/
                1. State Represented by its
                The Inspector of Police,
                Nallanpillaipetral Police Station,
                Villupuram District.

                2. Murugan.                            ...Respondents

                Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to
                issue suitable directions to the Learned Assistant Sessions Judge, Gingee,
                Villupuram District to put the S.C.No.352 of 2013 for judgment and after the
                decide the trial for the S.C.No.500 of 2013 in accordance with law.


                                    For Petitioner     : Mr.M.Prabhakar

                                    For R1             : Mr.S.Udaya Kumar,
                                                         Government Advocate (Crl.Side)


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                                                                                   Crl.O.P.No.2706 of 2024




                                                        ORDER

It is a case and counter both has ended up in filing final report and

pending before the Learned Assistant Sessions Judge, Gingee in S.C.No.352 of

2013 and S.C.No.500 of 2013.

2. This Criminal Original Petition is filed seeking direction to the

Learned Assistant Sessions Judge, Gingee, Villupuram, to first complete the

examination of witnesses and other procedures in S.C.No.352 of 2013 and

reserve the judgment and thereafter, to taken up the trial in S.C.No.500 of 2013.

3. This Court has considered such situations and after reference to

a full Bench, the Full Bench in its judgment rendered in T.Balaji and others vs.

The State Rep. by, The Inspector of Police, New Washermenpet Police

Station, Chennai (Crl.O.P.No.4587 of 2023, dated 08.08.2024), has directed the

trial Court to follow the judgment of Ekambaram v. Sundaramurthy and State

reported in 1988 LW (Cri) 127 in case of this nature.

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

4. It is needless to say that the trial should complete in first case

and thereafter, the trial to commence in other case. Simultaneous trial shall go

on following the dictum laid down in Ekambaram case cited supra which is

reiterated by this Court in T.Balaji case cited supra in paragraph No.58 B (b)

'Post Cognizance and Trial in a case and case in counter', and shall proceed

and render judgment.

5. With this observation, this Criminal Original Petition is disposed

of. Consequently, connected Miscellaneous Petition is closed.

                                                                                            03.09.2024


                Index             : Yes/No.
                Neutral Citation : Yes/No.
                bsm
                To:-

1. The Learned Assistant Sessions Judge, Gingee, Villupuram District.

2. The Inspector of Police, Nallanpillaipetral Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

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

Dr.G.JAYACHANDRAN, J.

bsm

03.09.2024

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