MADAVAN Vs. STATE

JUDGEMENT

(1.) The petitioners, who are the accused in the case in C.C. No.539 of 2002 on the file of the Judicial Magistrate No.III, Nagercoil, have filed the above criminal OP praying to call for the records relating to the said case and quash the same.

(2.) The petitioners would submit that on the basis of a complaint of the first petitioner against Ponnian and two others, a criminal case has been registered in Cr.No.386 of 2002 on 18.5.2002 for an offence punishable under sections 341, 324, and 323; that the occurrence took place at 10.30 a.m, that the charge sheet has been filed before the Judicial Magistrate No.III, Nagercoil.

(3.) The further case of the petitioners is that on the basis of a complaint of A3, Poonnian, a criminal case has been registered in Crime No.387 of 2002 against Yovan and Madavan who are the petitioners herein. Both the cases arose out of one and the same transaction and in both the cases, separate trials have been commenced; that since the second petitioner was injured, his statement was recorded in the Government Head-Quarters Hospital, Nagercoil; that it is the duty of the investigating agency to find out who is the aggressor and on that basis one of the cases has to be referred; that it is not legal to charge sheet both the cases and separate trial cannot bring the actual truth and hence, the petitioners would pray to quash the case in C.C. No.539 of 2002 on the file of the Judicial Magistrate No.III, Nagercoil.