U.R. KANTHARAJU, SIDDARAMU AND CHANDRU ALL ARE SONS OF LINGAJI RAMAIAH Vs. STATE BY MANDYA RURAL POLICE, REPRESENTED BY S.P.P.

JUDGEMENT

(1.) HEARD the Petitioner's Counsel and the learned HCGP for the State, in respect of the Petitioner's prayer for clubbing C.C. No. 65/04 along with S.C. No. 53/99 and for disposal of the two cases simultaneously.

(2.) SUBMISSION of the Petitioner's Counsel is that, in respect of the incident said to have taken place on 19.10.98, two cases have been separately registered and S.C. No. 53/99 is pending before FTC -1, Mandya where the evidence is recorded and the mater is at the stage of arguments and that in the other case in C.C. No. 64/04 which is also arisen out of the very same incident requires to be clubbed with S.C. No. 53/99, because the Petitioners have taken a defence of right to private defence and therefore when the Petitioners have taken the said stand before the trial court at the very beginning, two cases ought to have been clubbed together, but this was not done and therefore, great prejudice will be caused if both the cases are not clubbed and as the Petitioners rely only on the right to private defence in respect of the other incident in question, both the matters are required to be tried together and hence, the prayer as aforesaid.

(3.) FOR the aforesaid reasons, petition is allowed and direction is given to the court below i.e., Civil Judge (Sr. Dn) and CJM, Mandya to transfer the case in CC. No. 65/04 to the Fast Track Court -1, Mandya, after following the due procedure of law in this regard and both the cases are to be disposed of simultaneously.