A.R. ANANDAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to direct the learned Principal District Munsif cum Judicial Magistrate Court at Karikudi to commit the case in P.R.C.No.5 of 2019 to the Special Court for Trial of Criminal cases related to elected MPs and MLAs at Chennai within the time framed fixed by this Court and consequently direct for joint trial along with the case in S.C. No. 4 of 2019 pending before the Special Court for the trial of Criminal cases related to elected MPs and MLAs of Tamilnadu at Chennai.

(2.) It is seen from records that there is a group clash between two political parties (AIDMK and DMK) during the election campaign on 15/5/2016 and a case in Crime No. 54 of 2016 was registered based on the complaint given by the respondent and a counter case in Crime No. 55 of 2016 was registered based on the complaint given by the petitioner, before the respondent police. Both the cases were investigated by the respondent police. According to the petitioner, the respondent police without conducting fair investigation has filed a final report in Crime No. 54 of 2016 and the same was committed to the Principal District Judge at Sivaganga and taken on file as S.C. No. 23 of 2018, in which the petitioner was arrayed as A22. However, the counter case in Crime No. 55 of 2016 was closed by the respondent as mistake of fact. Thereafter, the case in S.C. No. 23 of 2018 was transferred to the Special Courts for trial of criminal cases related to elected MPs and MLAs of Tamil Nadu at Chennai and renumbered as S.C. No. 4 of 2019, in view of the orders passed by the Hon'ble Supreme Court of India in W.P. (Civil) No. 669 of 2016. That case in S.C. No. 4 of 2019 is still pending. Aggrieved by the action of the respondent police in closing the case in Crime No. 55 of 2016 as 'mistake of fact', the petitioner has filed a protest petition before the Principal District Munsif cum Judicial Magistrate, Karaikudi, and the same was taken on file as P.R.C. No. 5 of 2019 for the offence under Ss. 147, 148, 341, 294(b), 506(ii) of IPC and Sec. 3 of TNPPDL Act and the matter is posted for appearance of the accused persons on 3/5/2019.

(3.) Mr. ARL. Sundaresan, learned Senior Counsel, appearing for the petitioner submitted that the case against the petitioner and 23 others in S.C. No. 4 of 2019 on the file of the Special Court and the case in P.R.C. No. 5 of 2019 on the file of the Principal District Munsif cum Judicial Magistrate at Karaikudi are arising out of the same incident and hence they should tried and disposed of by the same Court. Hence, he seeks a direction to the learned Principal District Munsif cum Judicial Magistrate at Karaikudi to commit the case in P.R.C. No. 5 of 2019 to the Special Court for the trial of criminal cases related to elected MPs and MLAs at Chennai for join trial and disposal. He further submitted that the case in S.C. No. 4 of 2019 is posted for framing charges and the trial is to be commenced shortly. Hence, he seeks for stay of proceedings in S.C. No. 4 of 2019 till the committal proceedings in P.R.C. No. 5 of 2019 is over.