MARIMUTHU Vs. V PRAKASH

JUDGEMENT

(1.) IN respect of an occurrence that was stated to have taken place at the College House Hote, Madurain at about 4 P.M. on 31.3.1988, a first infromation, it is said, had been lodged by the petitioner herein, before the Station House Officer, Thideer Nagar, Madurai, which was registered in Crime No. 730 of 1988 for alleged offences under sections 147, 341 and 323 I.P.C. After complying with the formalities of the investigation, it is said, the same was referred as 'mistake of fact', Thereafter, the petitioner, it is said, preferred a private complaint before, the Judicial Magistrate No. VI Maduri, which was take on file as C.C. No. 869 of 1988 of the aforesaid offences and the same is still pending trial.

(2.) IN respect of the same occurence, it is said, the first respondent herein, namely, V. Prakash has preferred a complaint before the same Station House Officer, which was registered as Crime No. 731 of 1988 for alleged offences under sections 323 and 341 I.P.C. After complying with the formalities of the investigation, it is said, a final report under section 173 (2) Crl. P.C. had been filed for the aforesaid offences, which was taken on file as C.C. No. 11 of 1989 on the file of the Judicial Magistrate, No. VI, Madurai.

(3.) SINCE both are the case and counter cases, the Court below has to dispose of both the cases in quick succession, trying them independently and delivering judgments of one and the same day. The position on that aspect of the matter is rather well -settled.