C. Suresh Kumar v. State represented by The Inspector of Police, Kallakuruchi
2022-07-26
N.SATHISH KUMAR
body2022
DigiLaw.ai
JUDGMENT (Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.7 of 2022 pending on the file of the Judicial Magistrate No.II, Ulundurpet and quash the same.) 1. This Criminal Original Petition has been filed to quash the case in C.C.No.7 of 2022 pending on the file of the Judicial Magistrate No.II, Ulundurpet for the offences under sections 294 [b], 323 of IPC and Sections 3 [1] [r], 3 [1] [s] and 3 [2] [va] of the Scheduled Caste and Scheduled Tribes [Prevention of Atrocities] Amendment Act, 2015. 2. The contention of the petitioners is that this case has been registered as an after thought and that too after the case given by the petitioner against the defacto complainant which culminated into a final report and taken on file in SC.No.41 of 2021 on the file of the Principal District and Sessions Court cum Special Court for SC/ST Cases, Villupuram. He further submitted that both the incidents have arisen out of the very same incident and it is a case in counter and hence, seeks to quash the final report. 3. As it is a case in counter registered in respect of the same incident, this Court is not inclined to quash the Final Report. Since one case has already been taken on file in S.C.No.41 of 2021, the case in C.C.No.7 of 2022, pending on the file of the Judicial Magistrate No.II, Villupuram, has to be transferred to the Principal District and Sessions Court cum Special Court for SC/ST Cases, Villupuram for trying along with case in S.C.No.41 of 2021. 4. In such view of the matter, in the present case and in the case in counter, trial has to be conducted by same Judge. The Judicial Magistrate No.II, Villupuram is directed to commit the case in C.C.No.7 of 2022 to the Principal District and Sessions Court cum Special Court for SC/ST Cases, Villupuram for conducting trial in both the cases. The learned Judge is directed to conduct separate trials and dispose of both the cases one by one simultaneously and not influenced by the evidence of other case and each case has to be disposed of on its own merits following the guidelines guidelines given by Hon'ble Supreme Court in Nathilal and others Vs. State of Uttar Pradesh and others reported in 1990 [Supp] SCC 14.
State of Uttar Pradesh and others reported in 1990 [Supp] SCC 14. If the petitioner adopts any dilatory tactics, it is open to the trial Court to insist upon the presence of the petitioner and remand him to custody as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). 5. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.