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Madras High CourtCRL OP(MD)/3861/2019dismissed

K.Thangadurai v. The Sub Inspector Of Police,

2019-06-10Honourable Mr Justice V. Bharathidasan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.06.2019 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).Nos.3861 to 3864 of 2019 K.Thangadurai .. Petitioner in all petitions -VsState represented by Sub-Inspector of Police, Thillainagar Police Station, .. Respondent in Crl.O.P.(MD).No.3861 of 2019 1.State represented by Sub-Inspector of Police, Boiler Plant Police Station, BHEL, Trichy.

2.State represented by Sub-Inspector of Police, Airport Police Station, 3.State represented by Sub-Inspector of Police, Ariyamangalam Police Station, .. Respondents in Crl.O.P.(MD).No.3862 of 2019 1.State represented by Sub-Inspector of Police, Cantonment Crime Police Station, Trichy, 2.State represented by Sub-Inspector of Police, Woraiyur Police Station, 3.State represented by Sub-Inspector of Police, K.K.Nagar Police Station, 4.State represented by Sub-Inspector of Police, Sessions Court Police Station, Trichy Court Campus, Trichy.

.. Respondents in Crl.O.P.(MD).No.3863 of 2019

State represented by Sub-Inspector of Police, Fort Police Station, .. Respondent in Crl.O.P.(MD).No.3864 of 2019 Prayer in Crl.O.P.(MD).No.3861 of 2019: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to pass an order to direct the learned Judicial Magistrate No.V, Trichy to conduct joint trial of all the following cases pending on the file of the learned Judicial Magistrate No.IV, Trichy (C.C.No.175 of 2015) along with C.C.No.259 of 2016 on the file of learned Judicial Magistrate No.V, Trichy and conclude joint trial within the stipulated time that may be fixed by this Court. Prayer in Crl.O.P.(MD).No.3862 of 2019: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Learned Judicial Magistrate No.

V, Trichy, to conduct joint trial of all the following cases pending on the file of Learned Judicial Magistrate No.VI, Trichy, (C.C.No.144, 145, 146, 163, 164 of 2015, 3 of 2016, 188 of 2017) along with C.C.No.259 of 2016 on the file of Learned Judicial Magistrate No.V, Trichy and conclude joint trial within the stipulated time that may be fixed by this Honourable Court.

Prayer in Crl.O.P.(MD).No.3863 of 2019: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Learned Judicial Magistrate No.V, Trichy to conduct joint trial of all the following cases pending on the file of Learned Judicial Magistrate No.II, Trichy (C.C.No.92, 93, 272, 273, 274, 275 of 2015, 293, 294 and 295 of 2015 anc C.C.NOs.100, 101 and 464 of 2018) along with C.C.No.259 of 2016 on the file of Learned Judicial Magistrate No.V, Trichy and conclude joint trial within the stipulated time that may be fixed by this Honourable Court. Prayer in Cril.O.P.(MD).No.3864 of 2019: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Learned Judicial Magistrate No.V, Trichy to conduct joint trial of all the following cases pending on the file of Learned Judicial Magistrate No.I, Trichy (C.C.Nos.217, 218 & 219 of 2017) along with C.C.No.259 of 2016 on the file of Learned Judicial Magistrate No.V, Trichy and conclude joint trial within the stipulated time that may be fixed by this Honourable Court.

For petitioner :Mr.N.Sudhagar Nagaraj For Respondents :Mr.K.K.Ramakrishnan Additional Public Prosecutor, (In all petitions)

COMMON ORDER The petitioner is an accused for offence under Section 379 IPC. As many as 82 criminal cases are registered against him before various police stations in Trichy District. In all the cases, final reports have been filed. It is stated that out of the 82 cases, 60 cases are taken on file and pending before various Courts. Now, seeking a direction to club all the cases and conduct trial before the learned Judicial Magistrate No.V, Trichy, the petitioner has came up with these petitions.

2.The learned counsel for the petitioner submitted that in all the criminal cases, the petitioner has been charged with same offence under Section 379 IPC, in respect of the occurrence said to have been taken place in Trichy District and they are pending in various Magistrate Courts in Trichy District. Hence, he seeks joint trial in the interest of justice.

3.The learned Additional Public Prosecutor would submit that there is no provision in Criminal Procedure code enabling to conduct joint trial in respect of 82 cases. Even as per Section 219 Cr.P.C, maximum three cases of the same offence can be tried jointly. Hence, these petitions are not maintainable. 4.Admittedly, there is no provision in the code of the Criminal Procedure enabling to conduct joint trial in respect of all the 82 cases. Even under Section 219 Cr.P.C, maximum of three cases can be tried jointly. In the absence of any enabling provision in the Criminal Procedure Code, the relief sought for by the petitioner cannot be granted.

5.Accordingly, these criminal original petitions are dismissed.

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

1. The Judicial Magistrate No.V, Trichy.

2. The Judicial Magistrate No.IV, Trichy.

3. The Judicial Magistrate No.VI, Trichy.

4. The Judicial Magistrate No.II, Trichy.

5. The Judicial Magistrate No.I, Trichy.

6.The Sub-Inspector of Police, Thillainagar Police Station, Trichy.

7.The Sub-Inspector of Police, Boiler Plant Police Station, BHEL, 8.The Sub-Inspector of Police, Airport Police Station, Trichy. 9.The Sub-Inspector of Police, Ariyamangalam Police Station, 10.The Sub-Inspector of Police, Cantonment Crime Police Station, Trichy, 11.The Sub-Inspector of Police, Woraiyur Police Station, Trichy. 12.The Sub-Inspector of Police, K.K.Nagar Police Station, Trichy. 13.The Sub-Inspector of Police, Sessions Court Police Station, Trichy Court Campus, Trichy.

14.The Sub-Inspector of Police, Fort Police Station, Trichy. 15.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.N.SUDHAGAR NAGARAJ, Advocate Sr. No. 67821 Crl.O.P.(MD).Nos.3861 to 3864 of 2019 10.06.2019 MA(CO) TR (26.06.2019) 4P 17C