Madras High CourtCRL OP/15416/2023disposed of

Mohammed Al Ameen v. State Rep By

2023-07-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mohammed Al Ameen

...Petitioner

Vs The State represented by The Sub Inspector of Police, Central Crime Branch, Cyber Cell-Crime Cell, Chennai.

(Crime No.69/2019) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to club the case in C.C.No.5379/2020 pending on the file of learned Additional Chief Metropolitan Magistrate, Egmore, Chennai along with the case in C.C.No.5377/2020 pending on the file of learned Additional Chief Metropolitan Magistrate, Egmore, Chennai. For Petitioner : Ms.M.Kruthika For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed for a direction to the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai to club two cases, viz., C.C.No.5379 of 2020 and C.C.No.5377 of 2020 and to try together.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

3. Learned counsel for the petitioner submitted that both the cases arise out of single conspiracy and hence should be tried in a single trial. Learned counsel brought to the notice of this Court the provisions of Section 219 and 220 of Cr.P.C. to impress upon this Court to accept the request made by the petitioner.

4. Insofar as the clubbing of cases is concerned, it is not to be decided by this Court exercising its jurisdiction under Section 482 Cr.P.C. Admittedly, both the cases are pending before the same Court and it will always be left open to the petitioner to file an appropriate memo / petition 2/4

before the Court below and seek for clubbing of the case. It is left open to the Court below to deal with the petition / memo and take a decision on clubbing the cases and trying the same together. Except giving this clarity, no further orders can be passed in this petition.

5. This Criminal Original Petition is disposed of in the above terms. 11.07.2023 Index : Yes/No Speaking order:Yes/No rsi To 1.The Sub Inspector of Police, Central Crime Branch, Cyber Cell-Crime Cell, Chennai.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

rsi 11.07.2023 4/4