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Madras High CourtCRL OP(MD)/14165/2015disposed of

Deepavaliraj v. The Inspector Of Police

2015-07-24Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.14165 of 2015 and M.P(MD)No.1 of 2015

1. Deepavaliraj

2. Perumal

3. Ilayaraja

4. Mahendran

5. Ganesan

6. Kubendran

7. Ilangovan

8. Senthil

9. Rajaram

10. Kalyani

11. Kalyani @ Kalyanakumar

12. Murugeswari

13. Selvam

14. Kalyanasundaram

15. Karnan

16. Mathi

17. Ayyankalai

18. Baskaran

19. Kanniah

20. Veerammal

21. Ponnumayakkal

22. Petchiammal ... Petitioners/Accused 1 to 22

23. Kalichiyammal(died) Vs.

1. State, Rep. by the Inspector of Police, Uthamapalayam Police Station, Theni District.

(Crime No.104/2013) .. Respondent / Complainant

2. Selvam .. Respondent/ Defacto-Complainant PRAYER: This petition is preferred under Section 482 Cr.P.C, praying this Court, to direct the learned Additional District and Sessions Judge, Mahila Court, Theni to try the case in S.C.No.3 of 2015 along with the case in P.R.C.No.43 of 2014 pending committal on the file of the learned Judicial Magistrate, Uthamapalayam and pass such further or other orders, as this Court may deem fit and proper in the circumstances of the case. For Petitioners : Mr.D.Rameshkumar For R-1 : Mr.K.Anbarasan Government Advocate (Crl.Side) https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioners approach this Court to direct the learned Additional District and Sessions Judge, Mahila Court, Theni to try the case in S.C.No.3 of 2015 along with the case in P.R.C.No.43 of 2014 pending committal on the file of the learned Judicial Magistrate, Uthamapalayam.

2. The petitioners are alleged to have committed an offence under Sections 147, 148, 323, 324, 336, 341, 307 r/w. 149 IPC and Section 4 of TNPWH Act and Section 3(1) of TNPPDL Act. It is stated by the petitioners that they are innocent.

3. It appears that the case has been pending against the petitioner in S.C.No.3 of 2015. The petitioner's complaint is pending in P.R.C.No.43 of 2014 on the file of the learned Judicial Magistrate, Uthamapalayam. It is also submitted that both the cases are case in counter. Therefore, the learned counsel submitted that it would be appropriate to have joint trial in the interest of justice.

4. The case is pending in P.R.C.No.43 of 2014 on the file of the learned Judicial Magistrate, Uthamapalayam. Therefore, at this stage, this Court is not inclined to order for joint trial. It would be suffice to direct the Judicial Magistrate, Uthamapalayam to complete the committal in P.R.C.No.43 of 2014 within a period of two months and after the same is done, it is open for the petitioner to file a fresh petition seeking permission to conduct joint trial.

5. Accordingly, the Criminal Original Petition stands disposed of. Accordingly, connected Miscellaneous Petition is closed. sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The Additional District and Sessions Judge, Mahila Court, Theni. 2.The Judicial Magistrate, Uthamapalaym.

3. The Inspector of Police, Uthamapalayam Police Station, Theni District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +one cc to Mr.D.Rameshkumar, Advocate in SR.NO.41955 Crl.O.P(MD).No.14165 of 2015 and M.P(MD)No.1 of 2015 05.06.2015 CSL/NGM-SS/29.09.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/