High CourtsSingle Bench(2018) 01 MAD CK 0384

R.Kathiravan & Anr vs The State & Anr

Madras High Court · Decided on 2 January 2018

HON’BLE JUDGES
P.Rajamanickam
RESULT
Disposed Off
CASE NUMBER
17773 of 2017 and Crl M P (MD) No 11618 of 2017

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Judgment

12 paragraphs · 224 words
1.

This Criminal Original petition has been filed by the accused in C.C.No.49 of 2017 on the file of the learned Judicial Magistrate No.II, Kulithalai

to transfer the said case to the file of the Additional Sessions Judge (PCR) Karur to try along with Spl.S.C.No.46 of 2017.

2.

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the first

respondent.

3.

The learned counsel for the petitioners submitted that both the cases are cases in counter. He further submitted that since one of the cases has

been pending before the Additional Sessions Judge, (PCR), Karur in Special S.C.No.46 of 2017, the other counter case also to be transferred to

the said court for proper appreciation of evidence in both the cases.

4.

The learned Government Advocate (Criminal side) has conceded that both the cases are cases in counter and both the cases have to be tried by

the same court in order to avoid conflict of decisions.

5.

Considering the aforesaid submissions, the case in C.C.No. 49 of 2017 on the file of the Judicial Magistrate No.II, Kulithalai is transferred to

the file of the Additional Sessions Judge (PCR), Karur to try along with Special S.C.No.46 of 2017.

6.

With the above observation, this Criminal Original petition is disposed of. Consequently, connected miscellaneous petition is closed.