P.Jeyaprakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and Crl.M.P(MD) Nos.10276 and 10496 of 2022 Crl.O.P.(MD) No.15619 of 2022 1.P.Jeyaprakash 2.Sathan 3.Jaisankar ... Petitioners Vs.

2.Duraipandian

...Respondents

Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the case in C.C.No.436 of 2019 on the file of Judicial Magistrate, Paramakudi, to any other Court at Ramanathapuram. 1/5

Crl.O.P.(MD) No.15860 of 2022 1.P.Jeyaprakash 2.Sathan ... Petitioner Vs.

2.Duraipandian

...Respondents

Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer case in C.C No.538 of 2019 on the file of the Judicial Magistrate, Paramakudi to any other court at Ramanathapuram. For Petitioners (in both petitions) : Mr.Murali.R For R1 (in both petitions) : Mr.S.Manikandan, Government Advocate (Crl.Side) For R2 (in both petitions) : Mr.C.M.Arumugam C O M M ON O R D E R These Criminal Original Petitions are filed to transfer the case in C.C.Nos.436 and 538 of 2019 on the file of Judicial Magistrate, Paramakudi, to any other Court at Ramanathapuram. 2/5

2. The learned counsel appearing for the petitioners would submit that the defacto complainant is a practicing Advocate in Paramakudi Court, in which, two cases are pending against the petitioners and one case is pending against the second respondent, in which, the 1st petitioner is the defacto complainant. Further he would submit that it would suffice, if this Court issues direction to the concerned trial Court to conclued the trial in all the cases (i.e) C.C.Nos.436, 538 and 162 of 2019 simultaneously within a time that may be fixed by this Court and fair opportunity may be given to the petitioners to disprove the prosecution case.

3. Considering the facts and circumstances of this case and also considering the fact that it is a case and counter case and in two cases, the petitioners are the accused and in another case (C.C.No.162 of 2019), which is pending before the concerned Court, the first petitioner is the defacto complainant, this Court is inclined to issue a direction to the learned Judicial Magistrate, Paramakudi, to conduct the trial in C.C.Nos. 436, 538 and 162 of 2019 simultaneously and conclude the same within a 3/5

period of six months from the date of receipt of copy of this order, after giving fair opportunity to the petitioners to disprove the prosecution case.

4. With the above said direction, these Criminal Original Petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed.

28.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu To:

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J.

Indu 28.02.2024 5/5