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Madras High CourtCRL OP(MD)/18564/2023disposed of

Mayavan v. The Inspector Of Police

2023-10-16Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18564 of 2023 and Crl.M.P(MD) No.14620 of 2023 Mayavan

...Petitioner / Defacto Complainant

Vs.

1.State Represented by The Inspector of Police, Lala pettai Police Station, Karur District.

...1st Respondent / Complainant 2.Thirumalaisamy 3.Keethy

...Respondents 2 & 3 / Accused

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw and transfer the case C.C.No.78 of 2022 on the file of the Judicial Magistrate, Kulithalai, Karur District to Sub Court, Kulithalai, Karur District for joint trial along with S.C. No.77 of 2022 within the time limit that may be stipulated by this Court.

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For Petitioner :Mr.N.Sudhagar Nagaraj For Respondent :Mr.R.M.Anbunithi Additional Public Prosecutor O RDER Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw and transfer the case C.C.No.78 of 2022 on the file of the Judicial Magistrate, Kulithalai, Karur District to Sub Court, Kulithalai, Karur District for joint trial along with S.C. No.77 of 2022 within the time limit that may be stipulated by this Court.

2. The learned Additional Public Prosecutor would submit that the case in C.C.No.78 of 2022 is pending on the file of the learned Judicial Magistrate, Kulithalai, Karur District and the case in S.C.No.77 of 2022 is pending on the file of the Sub Court, Kulithalai, Karur District. Since it is a case and counter case, trial in both cases must be conducted before the very same Court.

3. Considering the position, let the trial process in C.C.No.78 of 2022 pending on the file of the learned Judicial Magistrate, Kulithalai, Karur District, 2/4

be transferred to Sub Court, Kulithalai, Karur District, for simultaneous trial along with S.C.No.77 of 2022. Records in C.C.No.78 of 2022 shall be transferred to the Sub Court, Kulithalai, within a period of one week from the date of receipt of copy of this order. The learned Sub Judge, Kulithalai, is directed to receive the same and take up the matter for simultaneous trial and complete the same. The above said order must be complied by the learned Judicial Magistrate, Kulithalai and learned Sub Judge, Kulithalai, and report the compliance before the Registry.

4. With the above said directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. 16.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu G.ILANGOVAN. J.

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Indu To 1.The learned Judicial Magistrate, Kulithalai, Karur District. 2.The Sub Court, Kulithalai, Karur District.

3.The Inspector of Police, Lala pettai Police Station, Karur District.

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

Crl.O.P.(MD)No.18564 of 2023 16.10.2023 4/4