S.Thirumalaivasan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN & 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) 1/4

O R D E R

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. 2/4

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.

: 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. 3/4

Dr.G.JAYACHANDRAN, J.

bsm 03.09.2024 4/4