JOHN VICTOR Vs. STATE

JUDGEMENT

(1.) THE petitioners herein are the accused in C.C.No.398 of 2001 on the file of the learned Judicial Magistrate II, Poonamallee.

(2.) IN respect of an occurrence which took place within the premises of a Church on 10.09.2000, a complaint was filed by the 1st petitioner on 27.08.2001 which came to be taken on file in C.C.No.458 of 2001 against two persons by name Shanthi Princely and Moses Paul Chellakumar for offences under Sections 341, 323, 352, 355 and 506(ii) IPC. Such complaint is now pending trial. IN respect of the very same occurrence, one of the accused in the complaint case filed by the 1st petitioner, viz., Shanthi Princely had preferred a compliant against the petitioners herein alleging offences under Sections 341, 506(i) and 294(b) IPC before the respondent police which has been registered in Crime No.646 of 2000. On completion of investigation, the respondent police have filed final report against the petitioners herein for offence under Sections 341, 506(i) and 294(b) IPC. Such case is pending trial in C.C.No.398 of 2001.

(3.) WHERE both case relates to one and the same occurrence involving the same parties, it would but be just and proper that both cases be tried together and similarly disposed of.