K VALLIRAJ Vs. PALANI

JUDGEMENT

(1.) On 07.08.2013, around 03.00 p.m., two groups one led by Palani and four others and the other led by Valliraj and three others clashed and in which, both sides sustained injuries. On the complaint given by Valliraj, the respondent Police registered a case in Crime No.219 of 2013, under Sections 147, 148, 294(b), 323, 307 and 506(ii) I.P.C., and Section 3 of T.N.P.P.D.L.Act, against Palani and four others. Similarly, on the complaint given by one Ellaiammal, the respondent Police registered a case in Crime No.220 of 2013, under Sections 147, 148, 452, 294(b), 354 and 506(ii) I.P.C., and Section 3 of T.N.P.P.D.L.Act, against Valliraj and three others.

(2.) After completion of investigation in Crime Nos.219 of 2013 and 220 of 2013, the respondent Police filed two separate final reports before the learned Judicial Magistrate, Tiruchendur and both the cases were committed to the Court of Sessions. The case in Crime No.219 of 2013 was numbered as S.C.No.234 of 2016 and the case in Crime No.220 of 2013 was numbered as S.C.No.231 of 2016. Since both the cases arise out of the same occurrence, they should have been treated as a case and cross case and the learned Sessions Judge should have tried both the cases himself or should have made over both the cases to the same Court. Instead, the learned Principal Sessions Judge, Thoothukudi, made over the case in S.C.No.234 of 2016 to the file of the learned II Additional Sessions Judge, Thoothukudi and made over the case in S.C.No.231 of 2016 to the Mahila Court (Sessions Court), Thoothukudi.

(3.) The petitioners, who are the accused in S.C.No.231 of 2016, filed an application in Cr.M.P.No.2962 of 2016, before the learned Principal Sessions Judge, Thoothukudi, seeking for a direction to make over both the cases, namely, S.C.Nos.231 of 2016 and 234 of 2016, to one Court in view of the law laid down by the Honourable Supreme Court in Nathi Lal vs. State of U.P., (1990) Supp1 SCC 145 and State of M.P. vs. Mishrilal, (2003) 9 SCC 426. However, the learned Principal Sessions Judge, Thoothukudi, by order dated 17.11.2017, dismissed the petition filed by the petitioners holding that since the trial of the case in S.C.No.234 of 2016 had commenced before the II Additional Sessions Judge, Thoothukudi and four witnesses have been examined on the side of the prosecution, the prayer cannot be considered. As regards the case in Crime No.231 of 2016, the learned Principal Sessions Judge, Thoothukudi, has stated in Para No.11 of the order as follows: