Madras High Court
E. Rahilent Ebens vs The State on 12 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.3583 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.3583 of 2025
& Crl.M.P.No.2344 of 2025
E. Rahilent Ebens, aged 59 Years,
S/o. Ebens Ebinessor,
Principal, The Ebinessor Higher Secondary Residential School,
Kottur, Authanavur P.O., Yelagiri Hills,
Tirupathur Taluk & District ... Petitioner/Defacto
Complainant
Vs.
1. The State,
Rep. by Inspector of Police,
District Crime Branch,
Vellore.
2. Murugan, aged 42 Years,
S/o. Late. Govindan,
3. Sakthivel, aged 39 Years,
S/o. Late. Govindan,
4. Sathiyavani, aged 37 Years,
D/o. Late. Govindan,
5. Rukumani, aged 72 Years,
W/o. Late. Govindan,
6. Mangai aged 47 Years W/o. Ramasami
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Page 1 of 6
Crl.O.P.No.3583 of 2025
7. Kaliyammal, aged 74 Years,
W/o. Late. Krishnan,
No. 2 to 7 Respondents are residing at:- Kottur Village,
Authahavur P.O., Yelagiri Hills,
Tirupathur Taluk & District
8. Kaliyammal, aged 76 Years,
W/o: Konangi Ramasamy,
Nilavur Village & Post,
Yelagiri Hills,
Tirupathur Taluk &
District. ... Respondents/Complainant
Prayer: Criminal Original Petition is filed under Section 447 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 pleased to withdraw the above case in
Crl.A.No.150 of 2023 pending in the file of the Hon'ble I Additional District
and Sessions Judge Vellore and transfer the same to the Hon'ble District and
Sessions Judge, Tirupathur, to be heard along with the Criminal Appeal in
Crl.A.No.1 of 2025 which is pending on the file of the Hon'ble District and
Sessions Judge, Tirupathur.
For Petitioner : Mr.I.Jenkins William
For R1 : Mr.K.M.D.Muhilan,
Government Advocate (Crl. Side)
ORDER
This petition has been filed seeking direction to withdraw the case
in Crl.A.No.150 of 2023 pending in the file of the Hon'ble I Additional District
and Sessions Judge Vellore and transfer the same to the Hon'ble District and
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Sessions Judge, Tirupathur, to be heard along with the Criminal Appeal in
Crl.A.No.1 of 2025 which is pending on the file of the Hon'ble District and
Sessions Judge, Tirupathur.
2. The petitioner is the de facto complainant in Crime No.74 of
2008 for the offences punishable under Sections 465, 467, 468, and 420 of the
IPC. After the completion of the investigation, final report was filed and the
same has been taken cognizance by the trial Court in C.C.No.5 of 2012 on the
file of the Judicial Magistrate No.II, Vellore. The trial Court convicted the
accused persons and sentenced them to undergo two years of rigorous
imprisonment (R.I.) for the offence punishable under Section 120(b) of the IPC
and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment (S.I.)
for 3 months. The Court further sentenced the accused to undergo 2 years of
R.I. for the offence under Section 420 r/w 511 of the IPC and to pay a fine of
Rs.5,000/-, in default to undergo 3 months of S.I., with the sentences to run
concurrently. The Lower Court, however, acquitted the accused of the charges
under Section 506(ii) of the IPC.
3. The petitioner has filed an appeal for enhancement of sentence
in Crl.A.No.1 of 2025, which is pending for adjudication on the file of the
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District and Sessions Judge, Tirupathur. Against the very same order of
conviction, the accused have filed an appeal in Crl.A.No.150 of 2023, which is
pending for adjudication on the file of the I Additional District and Sessions
Judge, Vellore. Both the petitioner and the accused are within the territorial
jurisdiction of Tirupathur.
4. This Court, without ordering notice to respondents 2 to 8 and to
avoid a conflict of judgments, is inclined to transfer the Criminal Appeal filed
by respondents 2 to 8 in Crl.A. No. 150 of 2023 from the file of the I Additional
District and Sessions Judge, Vellore, to the file of the District and Sessions
Judge, Tirupathur.
5. In view of the above, Crl.A. No. 150 of 2023 is hereby
withdrawn from the file of the I Additional District and Sessions Judge, Vellore
and transfer to the file of the District and Sessions Judge, Tirupathur. The
Appellate Court, Tirupathur, is directed to club the case together and dispose of
the same by way of a common order.
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6. With the above direction, this Criminal Original Petition is
allowed. Consequently, connected Miscellaneous Petition is closed.
12.02.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
To,
1. The I Additional District and Sessions Judge, Vellore.
2. The District and Sessions Judge, Tirupathur.
3. The Inspector of Police, District Crime Branch, Vellore.
4. The Public Prosecutor, High Court, Madras.
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G.K.ILANTHIRAIYAN, J.
bsm
12.02.2025
https://www.mhc.tn.gov.in/judis
