Rajini Nanjan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.3882 & 3888 of 2020 Rajini Nanjan

...Petitioner in both

Crl.O.Ps/Defacto Complainant -VsThe Inspector of Police, Bhavanisagar Police Station, Erode District.

Cr.No.14 of 2007

...Respondent in both Crl.O.Ps/

Complainant Prayer in both Crl.O.Ps: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Judicial Magistrate Court at Sathyamangalam to commit the P.R.C.No.30 of 2015 and 7 of 2017 to be tried along with S.C.No.60 of 2017 pending on the file of the III Additional District and Sessions Court at Gobichettipalayam within a time frame.

For Petitioner: Mr.R.S.Maitreya For Respondent: Mr.M.Mohammed Riyaz Addl.Public Prosecutor COMMON ORDER These Criminal Original Petitions have been filed seeking direction to the Judicial Magistrate Court, Sathyamangalam to commit the P.R.C.No.30 of 2015 and 7 of 2017 to be tried along with S.C.No.60 of 2017 pending on the file of the III Additional District and Sessions Court, Gobichettipalayam. 2.

It is seen that on the complaint lodged by the petitioner, First Information Report has been registered in Crime No.14 of 2007 for the offences under Sections 147, 148, 447, 448, 364, 427, 380 (N.P), 352, 506(ii) of IPC r/w 120 B of IPC as against the accused persons. There are totally 15 accused. After completion of the investigation, the respondent filed a final report and the same has been taken cognizance by 1/3

the trial Court. While pending the committal proceedings, A2 as against the charge abated. In respect of the other accused were absent before the trial Court, the case has been split up and has taken cognizance in S.C.No.60 of 2017 against some of the accused persons. Now the petitioner is seeking direction to commit P.R.C.Nos.30 of 2015 and 7 of 2017 to be tried along with S.C.No.60 of 2017. Admittedly, both the proceedings are arising out of a single Crime No.14 of 2007.

3.

The learned Additional Public Prosecutor also submitted that in P.R.C.Nos.30 of 2015 and 7 of 2017 are about to commit.

4.

Considering th above facts and circumstances, the learned the Judicial Magistrate, Sathyamangalam is directed to complete the committal process in P.R.C.Nos.30 of 2015 and 7 of 2017 within a period of 4 weeks from the date of receipt of copy of this order and send the file to the III Additional District and Sessions Court at Gobichettipalayam. The III Additional District and Sessions Court, Gobichettipalayam is directed to try together in S.C.No.60 of 2017 as against all the accused and complete the trial within a period of six months from the date of receipt of copy of this order.

5.

With the above directions, these criminal original petitions are disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rpl To 1.The Judicial Magistrate Court, Sathyamangalam

2. The III Additional District and Sessions Court, Gobichettipalayam 3.The Inspector of Police, Bhavanisagar Police Station, Erode District.

2/3

4.The Public Prosecutor, High Court, Madras.

+2 ccs to Mr.R.Jayaprakash Advocate sr19894 & 19895 Crl.O.P.Nos.3882 & 3888 of 2020 aa09/06/2020 3/3