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Madras High CourtCRL OP(MD)/12619/2025closed

Thangapandi v. The State Of Tamilnadu Rep.By

2025-07-28Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Thangapandi ... Petitioner Vs.

1.The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to transfer the proceedings in C.C.No.81 of 2024 pending on the file of the learned District Munsif cum Judicial Magistrate, Tiruchuli, to the file of the learned Special Judge for SC/ST(POA) Act Cases, Srivilliputhur, to conduct joint trial along with Spl.S.C.No.70 of 2023. For Petitioner : Mr.A.Balaji For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.side) 1/5

ORDER

The petitioner has filed this petition seeking transfer the proceedings in C.C.No.81 of 2024 pending on the file of the learned District Munsif cum Judicial Magistrate, Tiruchuli, to the file of the learned Special Judge for SC/ST(POA) Act Cases, Srivilliputhur, to conduct joint trial along with Spl.S.C.No.70 of 2023. 2.The learned counsel appearing for the petitioner submits that the case in Cr.No.121 of 2023 and 122 of 2023 have been registered as case and counter case. According to him, in both cases final reports have been filed. In respect of case in Cr.No.121 of 2023, final report has been taken on file by the learned Special Judge, SC/ST(POA) Court, Srivilliputhur, in Spl.S.C.No.70 of 2023. In respect of case in Cr.No.122 of 2023, final report has been taken on file by the learned District Munsif cum Judicial Magistrate, Tiruchuli in C.C.No.81 of 2024. Therefore, the learned counsel for the petitioner submits that the cases have been registered as case and counter case, it have to be tried together. 2/5

3.The learned Government Advocate(Crl.side) appearing for the respondents submits that the learned District Munsif cum Judicial Magistrate, Tiruchuli has already transferred the case in C.C.No.81 of 2024 to the file of the Special Court. However, the learned Special Judge has returned the same.

4.This Court has considered the submission made on either side and perused the available records.

5.This Court is not aware of the order of the learned Special Judge for SC/ST(POA) Act Cases, Srivilliputhur and on what grounds it has been returned. In the event, if the matter has been returned by the learned Special Judge for SC/ST(POA) Act Cases, Srivilliputhur, the petitioner is at liberty to challenge the order of return. Accordingly, this criminal original petition is closed.

28.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/5

To 1.The District Munsif cum Judicial Magistrate, Tiruchuli, 2.The Special Judge for SC/ST(POA) Act, Srivilliputhur, 3.The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

4.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

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

4/5

B.PUGALENDHI,J gns 28.07.2025 5/5