PROF. ALOYSIOUS, ASST. PROFESSOR, THERIVILAI MULAGUMOODU P.O., KANYAKUMARI DISTRICT Vs. SHRI DAKSHINAMURTHY, SUB INSPECTOR OF POLICE, KOTTAR POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.,

JUDGEMENT

(1.) PETITION praying for transfer of C.C. No. 19/91 on the file of Chief Judicial Magistrate, Nagerkoil to the Court of Assistant Sessions Judge, Padmanabhapuram, for joint trial along with S.C. No. 74/90.

(2.) SHORT facts are: The petitioner has filed a private complaint before the Chief Judicial Magistrate, Nagercoil in C.C. No. 19/91 against Dakshinamurthi Sub -Inspector of Police, Cecil, Police Constable and Pithalus Police Constable, arraying them as accused 1 to 3 for the offences under Ss.452, 341, 324 and 325 I.P.C. against A.1, under Ss.452, 341, and 324 I.P.C. against A.2 and under Ss.452, 341, 324 and 325 I.P.C. against A3 with regard to the occurrence on 30.6.1989. While so, the Inspector of Police, Thuckalay has filed a charge sheet against the petitioner and four others arraying them as accused 1 to 5. Out of them, petitioner is A.4, for offences under Ss.147 , 148, 342, 332, 224 and 307 read with 109 I.P.C. with regard to the same incident on 30.6.1989. The case was committed by the Judicial Magistrate, Padmanabhapuram and is now pending before the Assistant Sessions Judge, Padmanabhapuram in S.C. No. 74/90.

(3.) IN the result, the petition is ordered as follows: The case in C.C. No. 19/91 on the file of Chief Judicial Magistrate, Nagercoil is hereby transferred to the Court of Assistant Sessions Judge, Padmanabhapuram for trial along with S.C. No. 74/90 on its file. The learned Sessions Judge should try the cases separately but, should pronounce the judgment on the same day.