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Madras High CourtCRL OP/20692/2015closed

Kalaivannan v. State Rep By

2015-08-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No. 20692 of 2015 Kalaivannan

...Petitioner

(Defacto Complainant) Vs 1.State rep. by Inspector of Police, E-3, Minjur Police Station, Tiruvallur District.

2.Arunachalam 3.Pazani 4.Tamilselvam 5.Santhosh

...Respondents

(Complainant and Accused 1 to 4) Prayer :

Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the learned Judicial Magistrate No.II, Ponneri to defer all further proceedings in C.C.No.232 of 2006 and commit along with PRC.No.14 of 2011, pending disposal on the file of Judicial Magistrate II, Ponneri.

For Petitioner :

Mr.S.Suresh For Respondents :

Mr.C.Emalias [for R1] Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed praying to direct the learned Judicial Magistrate No.II, Ponneri to defer all further proceedings in C.C.No.232 of 2006 and commit along with https://hcservices.ecourts.gov.in/hcservices/

PRC.No.14 of 2011, pending disposal on the file of Judicial Magistrate II, Ponneri.

2. Heard the learned counsel for the petitioner and Mr.C.Emalias, the learned Additional Public Prosecutor appearing for the first respondent.

3. It is stated by the learned Additional Public Prosecutor that there is a case and counter case viz., C.C.No.232 of 2006 and PRC.No.14 of 2011, in respect of the same incident. If that is so, the petitioner is directed to file a petition before the learned Judicial Magistrate No.II, Ponneri, relying upon the judgment of Hon'ble Supreme Court in Sudhir and Others Vs. State of M.P. [Supreme Court Cases (2001) 2 SCC] and pray for sending the case in C.C.No.232 of 2006 along with PRC.No.14 of 2011 to the Sessions Court, so that both the cases could be tried by the same Judge.

4. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ds To

1. The Judicial Magistrate No.II, Ponneri.

2. The Inspector of Police, E-3, Minjur Police Station, Tiruvallur District.

3. The Public Prosecutor, High Court, Madras.

1 CC to Mr.S.Suresh, Advocate SR.No. 44227 Crl.OP No.20692 of 2015 AD (CO) PSI (23.09.2015) https://hcservices.ecourts.gov.in/hcservices/