Stephen Joseph v. Sub-Inspector of Police, Nazareth Police Station, Nazareth, Tuticorin District
2015-10-06
R.MALA
body2015
DigiLaw.ai
ORDER The petitioner has come forward with this petition seeking a direction, to withdraw the C.C.No.149 of 2013 on the file of the learned Judicial Magistrate, Sathankulam and transfer the same to the learned II Additional Sessions Judge cum P.C.R Court, Tirunelveli so as to try together along with the S.C.No.136 of 2013 on the file of the learned II Additional Sessions Judge cum P.C.R Court, Tirunelveli. 2. The learned Counsel appearing for the petitioner submits that it is a case of case in counter registered in Crime Nos. 10 and 11 of 2012 and since the S.C.No.136 of 2013 is in respect of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the charge sheet has been filed. Hence, he wants to try the said case and C.C.No.149 of 2013, together. 3. The learned Government Advocate (Criminal side) appearing for the first respondent submits that both the cases arise as a case in case counter. Even though the second respondent who is accused in C.C.No.149 of 2013, has been served, no one represented. 4. Considering the arguments advanced by the learned Counsel appearing for the petitioner and since C.C.No.149 of 2013 and S.C.No.136 of 2013 are arising out of the case and case in counter in Crime Nos. 10 and 11 of 2012 and the final report filed in Crime Nos.10 and 11 of 2012, it is a fit case for withdrawing the C.C.No.149 of 2013 on the file of the learned Judicial Magistrate, Sathankulam and ordered to be transferred to the file of the Second Additional Sessions Judge, to try together along with S.C.No.136 of 2013. 5. With the above directions, this criminal original petition is disposed of. Consequently, the connected Miscellaneous petitions are closed.