Madras High CourtCRL OP/27308/2017dismissed

Roopesh, Aged 45 Years v. State Rep By

2018-01-08Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27308 of 2017 Roopesh .. Petitioner Vs.

State rep. by 1.The Director General of Police, Tamil Nadu Dr.Radhakrishnan Salai, Chennai-4.

2.The District Collector Coimbatore District, Coimbatore.

3.The Deputy Superintendent of Police, Q Branch CID, Coimbatore.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order in R.C.No.123400/Crime IV (2)/2017 dated 15.09.2017 and direct the respondents to try all the Sim Card cases against the petitioner in the tertiary of Tamil Nadu before the Special Court for UAPA act, Coimbatore. For Petitioner :

Mr.R.Sankarasubbu For Respondents:

Mrs.P.Kritika Kamal Government Advocate (Crl. Side)

O R D E R

The prayer sought for in the present petition is to set aside the order in R.C.No.123400/Crime IV (2)/2017 dated 15.09.2017 and direct the respondents to try all the Sim Card cases against the petitioner in the tertiary of Tamil Nadu before the Special Court for UAPA act, Coimbatore.

2. The ground on which the petitioner request for clubbing all the cases against him together under Section 223 Cr.P.C., cannot be considered for the reason that all the 24 cases relating to procurement of SIM cards fraudulently, were completely different having been committed by the accused in https://hcservices.ecourts.gov.in/hcservices/

different places, at different time, over a period of 3 years. Furthermore, as rightly pointed out by the learned Government Advocate (Crl.side), 24 witnesses are residing different parts of District and that if the cases are permitted to be clubbed together as a single case, serious prejudice will caused to the witnesses. In view of the same, it would not be appropriate for this Court to permit the petitioner to club all the cases together.

In the result, the Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar nmm To 1.The Director General of Police, Tamil Nadu Dr.Radhakrishnan Salai, Chennai-4.

2.The District Collector Coimbatore District, Coimbatore.

3.The Deputy Superintendent of Police, Q Branch CID, Coimbatore.

4.The Public Prosecutor, Madras High Court, Madras.

CRL.O.P.No.27308 of 2017 KK(CO) EU(08/02/2018) https://hcservices.ecourts.gov.in/hcservices/