R. VIVEKANANDAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed to set aside the order, dtd. 6/6/2022 made in Crl.M.P.No.5564 of 2021 in Special C.C.No.2 of 2019 by the learned Chief Judicial Magistrate/Special Judge, Erode (trial Court).

(2.) The case of the prosecution is as follows:-

(3.) The learned counsel for the petitioner submitted that the impugned order is not sustainable since the Court below, erred in holding that both occurrence on 23/4/2017 and 18/5/2017 form part of the same transaction. It is to be seen that there was no common design to commit both the offences at the initial point of time. He further submitted that the first alleged occurrence on 23/4/2017 was completed on that day itself. None of the witnesses spoke on that day any plan for committing the next offence on 18/5/2017. For the simple reason that the petitioner holding same status as a public servant in both the distinct occurrence, subsequent occurrence cannot be clubbed together. He further submitted that the mandate of Sec. 218 of Cr.P.C., is that for every distinct offence, there shall be a separate charge and every such charge will be tried separately. Under this provision, a joint trial is contemplated only if the accused applies in writing to the Court for a joint trial. In this case, the petitioner not made any such application. The learned counsel further submitted that the trial Court referred to the judgment of the Hon'ble Apex Court on wrong premise. The Court below coming to the conclusion that both the occurrences form part of the same is not proper and there is no common design or conspiracy to commit both offences and the second offence is not sequel to the earlier one. Hence, it cannot be termed as same transaction. The alleged occurrence, dtd. 23/4/2017 is complete in all forms. In view of the same, it is not proper for the Court below to invoke Ss. 219 and 220 Cr.P.C.