R SUNDAR Vs. KAMARAJ

JUDGEMENT

(1.) CHALLENGING and impugning the order dated dated 29.12.2005 passed the learned Principal Sessions Judge, Villupuram, in Crl.M.P.No.13328 of 2005.

(2.) A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this criminal revision case would run thus:-The learned Principle Sessions Judge, Villupuram, transferred the case in C.C.No.119 of 2005 for the offence under Sections 147, 148, 323, 324 and 506(2) IPC to the Court of I Assistant Judge, Villupuram, wherein already S.C.NO.183 of 2005 is pending for the offence under Sections 147, 148, 342, 323, 307 IPC on the ground that the incident referred to in both the cases are interlinked and interwoven, interconnected and entwined with each other. Being aggrieved by and dis-satisfied with the same, this revision is focussed on various grounds, the gist and kernal of them would be to the effect that the case, which was pending before the Magistrate Court was different from the one pending before the I Assistant Sessions Judge and hence, the learned Sessions Judge was not justified in transferring the case from the Magistrate Court.

(3.) THE case in Crime No.135 of 2001 was registered by Ulundurpet Police on 18.3.2001, at 23.30 hours at the instance of one Kamaraj as against the following accused persons, viz.,(1) Mahendran, S/o.Ramachandran, (2) Rajendran, S/o.Ponnusamy, (3) Sundar, S/o.Rajendran, (4) Madhi, S/o.Raja, (5) Pavadai S/o.Ponnuswamy, (6) Murugan S/o.Ramaswamy, (7) Venkatesan S/o.Ramaswamy, (8) Ilayaraja S/o.Ramaswamy, (9) Saravanan S/o.Arumugam, (10) Sababathi S/o.Pavadaii (11) Venkatesan S/o.Masilamani (12) Ramalingam S/o.Pavadai, for the offence under Sections 147, 148, 323, 324 and 506(ii) IPC. Pithily and precisely, the facts found narrated therein would be to the effect that on 18.3.2001 at about 7.00 p.m,. the accused persons constituted an unlawful assembly at Vandipalayam, Ulundurpet Taluq, Villupuram District and attacked Kamaraj, Ramesh, Varadharajan Prakash, Rajeswari, Prabu and Periyanayagi.