C S THIAGARAJAN Vs. STATE

JUDGEMENT

(1.) THESE are petitions to transfer C. C. Nos. 53 to 57 o 1971 from the file-of the Special Judge, Madurai, to the file.-of the II Additional Sessions Judge, Madurai. These five cases and the other cases pend ing before the II Additional Sessions Judge, Madurai, relate to various Doctors, who are alleged to have issued bogus certificates for purchase of medicines etc. Mr. A. A. Selvam, the learned Counsel appearing for the petitioners in all these petitions submits that if these five cases are tried along with the- number of cases pending before the II Additional Sessions Judge, Madurai, conflict of decisions may be' avoided. He also submits that in the interest of justice and for the convenience of all the parties concerned, it is better that one Judge hears all these criminal cases.

(2.) MR. Rajamanickam, the learned Special Public Prosecutor for Special Police Establishment opposes this application on the ground, that the trial of these five cases are almost over except about 4 witnesses to be examined in these cases. As regards the other cases pending before the II Additional Sessions Judge, Madurai, it will take months together to come to a close, since a number of witnesses have to be examined. He also submits that an expert witness has been, brought from Delhi and he has been examined in these five cases. Due to stay obtained in these cases in the High Court, the cross-examination is being held up.

(3.) I do not find that there is any motive for the petitioners herein to file these petitions. They have filed these petitions on account of their genuine feeling that if all the cases are tried by one Judge, there would; not be any conflict of decisions. I am of the view that each of these cases has to be decided on the facts and circumstances pertaining to the said cases. There cannot be any similarity or common ground in all these cases except in some cases the facts would be common. There are number of cases to be tried by the II Additional Sessions Judge, Madurai, in respect of the above-said offences. It is really burdening that Court to transfer these five cases also to its file. As I have already stated, in these five cases there are only about 4 witnesses to be examined as stated by the Public Prosecutor and the trial will be over soon. There is no question of any conflicting decision especially in criminal cases, as each case has to be disposed of upon its own fact.