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2025 DAILYLAW 51306 (MAD)

SARAVANAN v. STATE REP BY

CRL OP/11015/2023 · 2025-02-04

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.11015 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11015 of 2023 & Crl.M.P.No.6939 of 2023 Saravanan, Male/aged about 55 years, S/o.Venkatachalam, Door No.1/4, Tirupathur Main Road, Pochampalli Village, Post and Taluk, Krishnagiri District. ... Petitioner/Complainant /versus/ 1.The State Rep By. The Inspector of Police, Pochampalli Police Station, Krishnagiri. ... Respondent/Complainant 2. Gnaneswaran, male/aged about 65 years, S/o.Manicka Chettiyar, 3. Rajiniganth, male/aged about 48 years, S/o. Nanickam, 4. Santhoshkumar, Male/aged about 38 years, S/o. Gnaneshwaran, Respondents 2 to 4 are residing at Tirupathur Main Road, Vadamalampatti, Pochampalli Police Station, Krishnagiri District. ... Respondents/Accused No. 1 to 3 PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to transfer the case in C.C.No.182/2022 pending on the file of the p. 1 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11015 of 2023 learned District Munsif Cum Judicial Magistrate, Pochampalli, Krishnagiri District to the learned Subordinate Judge, Uthangarai, Krishnagiri to conduct joint trial along with S.C.No.29/2023. For Petitioner : Mr.R.Thulasi For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) For R2 to R4 : Mr.G.Saibaba O R D E R This petition has been filed to transfer the case in C.C.No.182/2022 pending on the file of the learned District Munsif Cum Judicial Magistrate, Pochampalli, Krishnagiri District to the learned Subordinate Judge, Uthangarai, Krishnagiri to conduct joint trial along with S.C.No.29/2023. 2. Based on the statement recorded from the petitioner, the 1st respondent registered the F.I.R. in Crime No. 117 of 2022 against respondents 2 to 4 herein for the offences punishable under Sections 294(b), 323, 326, and 506(2) of the I.P.C. Simultaneously, respondents 2 to 4 lodged a complaint against the petitioner and his family members, which was registered as Crime No. 116 of 2022 for the offences punishable under Sections 294(b), 323, 324, p. 2 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11015 of 2023 and 307 of the I.P.C. 3. It is a case and counter-case and in order to avoid a conflict of judgments for the same occurrence, it would be appropriate to transfer the entire proceedings in C.C.No.182 of 2022 to the file of the Sub Court, Uthangarai, Krishnagiri District, to conduct a joint trial with S.C.No.29 of 2023. This would not prejudice respondents 2 to 4 herein, as they are witnesses in S.C. No. 29 of 2023. 4. In view of the above, the entire case in C.C. No. 182 of 2022 is hereby withdrawn from the file of the District Munsif-cum-Judicial Magistrate, Pochampalli, Krishnagiri District and transferred to the file of the Sub Court, Uthangarai, Krishnagiri District. The trial court, namely the Sub Court, Uthangarai, Krishnagiri District, is directed to conduct a simultaneous trial in both cases. 5. With this observation, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed. 04.02.2025 p. 3 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11015 of 2023 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order To, 1. The District Munsif Cum Judicial Magistrate, Pochampalli, Krishnagiri. 2. The Subordinate Judge, Uthangarai, Krishnagiri 3. The Inspector of Police, Pochampalli Police Station, Krishnagiri. 4. The Public Prosecutor, High Court, Madras. Page 4 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.11015 of 2023 G.K.ILANTHIRAIYAN, J. bsm Crl.O.P.No.11015 of 2023 04.02.2025 p. 5 https://www.mhc.tn.gov.in/judis