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Merge Both Cases

The petitioners filed a criminal original petition to quash proceedings against them in a criminal case. The court was informed that the investigation was completed and final reports filed in both the case and counter case. The court then directed the judicial magistrate to try both cases simultaneously as laid down in a previous Supreme Court case.

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Balasubramanian C
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54 views2 pages

Merge Both Cases

The petitioners filed a criminal original petition to quash proceedings against them in a criminal case. The court was informed that the investigation was completed and final reports filed in both the case and counter case. The court then directed the judicial magistrate to try both cases simultaneously as laid down in a previous Supreme Court case.

Uploaded by

Balasubramanian C
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


DATED: 30.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.(MD)No.10489 of 2018
and Crl.M.P.(MD)No.4695 of 2018

1.Chandra Sekar
2.Patchaiyammal : Petitioners/Accused 1 & 2

Vs.

1.The State Rep.by


The Inspector of Police,
Chinnalapatti Police Station,
Dindigul District. : Respondent/Respondent
(Crime No.138/2018)

2.Eswari : Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.,


to call for the entire records pertaining to the proceedings in
Crime No.138 of 2018 on the file of the Chinnalapatti Police
Station, Dindigul District and quash the same as against the
petitioners.

For Petitioner : Mr.R.Anand


For R1 : Mr.A.Robinson, G.A.(Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the


proceedings in Crime No.138 of 2018 on the file of the first
respondent police.

2.The learned Government Advocate(Crl.side) appearing for the


respondent police would submit that the respondent have completed
the investigation and final report has also made ready, as earlier
as, on 05.07.2018 and the cognizance has also been taken by the
learned Judicial Magistrate No.III, Dindigul, in C.C.No.207 of 2018.
He would further submit that it is a case in counter and that the
investigation in counter case has also been completed and final
report also been filed in C.C.No.260 of 2018.

3.At this juncture, the learned counsel appearing for the


petitioner would pray that a direction may be issued to the Court
below to try both the cases simultaneously.
https://hcservices.ecourts.gov.in/hcservices/
4.In view of the above submission, the learned Judicial
Magistrate No.III, Dindigul is directed to try both the cases
2

simultaneously as laid down by the Hon'ble Supreme Court in Nathilal


Vs. State of U.P. and another reported in 1990 SCC (Crl) 638.
Accordingly, this Criminal Original Petition is closed.
Consequently, connected Miscellaneous Petition is also closed.

Sd/-
Assistant Registrar (CO)
// True Copy //

Sub Assistant Registrar(CS-III)


To

1.The Judicial Magistrate No.III,


Dindigul

2.The Inspector of Police,


Chinnalapatti Police Station,
Dindigul District.

3.The Additional Public Prosecutor,


Madurai Bench of Madras High Court,
Madurai.

+1CC to Mr.R.Anand, Advocate, SR.No.44386

Crl.O.P.(MD)No.10489 of 2018
30.01.2019

ES/SKN/SAR 3/08.02.2019/2P/5C

https://hcservices.ecourts.gov.in/hcservices/

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