IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 18.09.2017 Pronounced on : 21.09.2017 CORAM THE HON'BLE DR. JUSTICE G.JAYACHANDRAN Crl.O.P.No.15323 of 2017 and Crl.M.P.No.9610 of 2017 Criminal Original Petition has been filed under Section 407(6) of Criminal Procedure Code praying to withdraw the case in S.C.No.24 of 2017 pending on the file of the learned Additional Sessions Judge, Mahaleer Neethimandram, Tiruppur as well as the case in C.C.No.91 of 2016 pending on the file of the learned Chief Judicial Magistrate, Coimbatore and transfer both the cases for joint trial to the file of the learned IInd Additional Sessions Judge cum Special Court for CBI Cases, Coimbatore.
For Petitioner :Mr.M.Purushothaman For Respondens :Mr.R.Ravichandran, GA (Crl.Side) for R1 Mr.K.Srinivasan, Spl.P.P.(CBI cases) for R2 O R D E R This criminal original petition has been filed by one C.Chandra, who is arrayed as an accused in S.C.No.24 of 2017 on the file of the Additional Sessions Judge, Mahaleer Neethimandram, Tiruppur against the conviction in C.C.No.91 of 2016 on the file of the Chief Judicial Magistrate, Coimbatore.
2. The contention of the petitioner is that she was falsely implicated in the murder of one Leelavathi investigated by the first respondent, Inspector of Police, Udumalaipet Police Station, Tiruppur District and she was subjected to custodial torture of illegal custody and physical assault including molestation. Hence, the petitioner's daughter has approached this Court by way of filing a writ petition in W.P.No.23320 of 2014 seeking CBI investigation in respect of illegal custody and torture met out by her mother i.e. the petitioner at the hands of the respondent police. This Court has allowed the writ petition and directed the CBI to investigate on the complaint given by Chandra. Accordingly, CBI has investigated the case and filed a final report against the police officials, who all subjected the petitioner inhumanly by physically assaulting her. The final report indicates that seven named police personnels have committed the offence punishable under Sections 120B r/w 323, 325, 330, 331, 342, 348, 354, 167, 193 and 201 of IPC. Based on the final report, the Chief Judicial Magistrate, Coimbatore has taken the case on file and assigned C.C.No.91 of 2016.
3. The prayer in the petition is that both the cases, which have been investigated at the behest of the petitioner's complaint in C.C.No.91 of 2016 and the case against her for the alleged offence of murder in S.C.No.24 of 2017, have to be tried jointly by the II Additional Sessions Judge cum Special Court for CBI Cases, Coimbatore. Normally, to meet the contingence and uniformity, joint trial is ordered to avoid conflict of decision.
4. Whereas the incidents in these two cases are entirely different.
Insofar as C.C.No.91 of 2016, the allegation is that in the course of investigating S.C.No.24 of 2017 certain crime has been committed by the investigation team. Therefore, the CBI has been directed by this Court to investigate the said allegation and file a final report. Accordingly, CBI has filed the final report and the case is pending for trial before the learned Chief Judicial Magistrate, Coimbatore.
5. It is submitted by the learned Government Advocate (Crl.Side) appearing for the first respondent that the trial has commenced in S.C.No.24 of 2017 on the file of the Additional Sessions Judge, Mahaleer Neethimandram, Tiruppur and the trial in C.C.No.91 of 2016 on the file of the Chief Judicial Magistrate, Coimbatore yet to commence.
6. At this juncture, the learned counsel appearing for the petitioner has submitted that the police is not interested in pursuing the case in C.C.No.91 of 2016, which will have straight bearing in the result of S.C.No.24 of 2017. Hence, at least, the CBI is to be directed to expedite the trial.
7. The learned Special Public Proseuctor(CBI cases) appearing for the 2nd respondent submitted that they are ready to commence the trial and complete it within the time stipulated by this Court.
8. Considering the facts and circumstances of the case and also considering the submissions made by both the counsels on record, this criminal original petition is disposed of by directing the investigating agency in both the cases in S.C.No.24 of 2017 and C.C.No.91 of 2016 to expedite the respective trial and the learned Addtional Sessions Judge, Mahaleer Neethimandram, Thiruppur and the learned Chief Judicial Magistrate, Coimbatore, are hereby directed to complete the trial, at the earliest, without any further delay. Consequently, connected Miscellaneous Petition is closed.
21.09.2017 Index:Yes/No Internet:Yes/No Speaking order/Non speaking order ari To
1. The Additional Sessions Judge, Mahalir Neethimandram, Tiruppur.
2. The Chief Judicial Magistrate, Coimbatore.
3. The Public Prosecutor, High Court, Madras.
4. The Special Public Prosecutor(CBI cases), High Court, Madras.
Dr.G.Jayachandran, J.
ari Crl.O.P.No. 15323 of 2017 & Crl.M.P.No.9610 of 2017
21.09.2017