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Madras High CourtCRL RC/525/2015dismissed

K.Velumani v. C.Subramani

2015-07-07Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07-07-2015 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN Crl.R.C. No. 525 of 2015 and M.P.Nos. 1 and 2 of 2015 K.Velumani ... Petitioner(Accused)

Versus

C.Subramani ... Respondent(Complainant) Criminal Revision Case filed under Sections 397 and 401 of Cr.P.C. against the order dated 20.02.2015 made in C.M.P.No.2598 of 2014 in C.C.No. 153 of 2011 on the file of the Judicial Magistrate No.V, Salem.

For Petitioner :

Mr.A.Thiyagarajan For Respondent :

Mr.V.Chinnasamy

ORDER

This Criminal Revision Case is filed against the order dated 20.02.2015 made in C.M.P.No.2598 of 2014 in C.C.No. 153 of 2011 on the file of the Judicial Magistrate No.V, Salem.

2. According to the petitioner, on the basis of a complaint lodged by one P.C.Sekar against the petitioner and another, a case was registered in Cr.No.3 of 2012 on the file of the Central Crime Branch, Salem and a charge sheet was laid for the offences under Sections 420, 120(B) and 506 (ii) IPC. The same was taken on file in C.C.No. 1 of 2013 on the file of the Judicial Magistrate No.V, Salem. The grievance of the petitioner is that he has filed a petition in C.M.P.No.2598 of 2014 under Section 210 of Cr.P.C. alleging that the criminal offences alleged in the charge sheet in C.C.No.1 of 2013 and the offences alleged in the private complaint in C.C.No.153 of 2011 are concerned with the same liability and it will be fair to try both the cases together. The said petition was dismissed by the learned Judicial Magistrate No.V, Salem, by order dated 20.02.2015. Aggrieved against the same, the present Criminal Revision Case is filed.

3. Today, when the matter is taken up, Mr.A.Thiyagarajan, learned counsel appearing for the petitioner would submit that he is not https://hcservices.ecourts.gov.in/hcservices/

asking for joint trial and he will be satisfied if both the cases are taken up for trial simultaneously.

4. Heard both sides. By consent, the Criminal Revision Case is taken up for final disposal.

5. Having regard to the fact that the petitioner is now not asking for joint trial and he will be satisfied if both the cases are taken up for trial simultaneously, suffice to state that it is for the Judicial Magistrate No.V, Salem, to consider the same in accordance with law and pass orders.

6. With the above observation, this Criminal Revision Case is disposed of. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar paa To 1.The Judicial Magistrate No.V, Salem.

2.Do- Through The Chief Judicial Magistrate, Salem +1cc to Mr.V.Chinnasamy, Advocate, S.R.No.33825 +1cc to Mr.A.Thiyagarajan, Advocate, S.R.No.33846 Crl.R.C. No. 525 of 2015 KJI(CO) CA(27/07/2015) https://hcservices.ecourts.gov.in/hcservices/