On the complaint lodged by Packiyathai, the respondent police registered a case in Cr.No. 241 of 2014 against Mathirasu(A1), Samuthirakani(A2), Subbammal(A3) and after completing the investigation, have filed charge sheet in C.C.No.81 of 2015 before the learned Judicial Magistrate, Sankarankoil.
2. On the complaint of Subbammal, the respondent police registered a case in Cr.No.277 of 2014 for the offences under
Sections 323,506(ii) I.P.C., and Section 4 of Tamil Nadu Prohibition Harassment of Women Act against Packiyathai and others and after completing the investigation, have filed charge sheet in C.C.No.82 of 2014 before the learned Judicial Magistrate, Sankarankoil. This quash petition has been filed by Mathirasu and two others for quashing the prosecution in C.C.No.81 of 2015.
3. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate(Crl.Side) appearing for the first respondent.
4. On a reading of the Charge Sheet in C.C.No.81 of 2015, there are prima facie materials inasmuch as it is alleged by Packiyathai that she was attacked by three accused. However, Packiyathai is said to be an accused in C.C.No.82 of 2015. Thus, there appears to be a case and counter and therefore both the cases should be tried simultaneously and not clubbed.
5. In view of the above, this Criminal Original petition is dismissed with a direction to the trial Court to expeditiously complete the trial in C.C.No.81 of 2015 and C.C.No.82 of 2015 if there is no other legal impediment and complete the same within a period of six months from the date of receipt of a copy of this order provided the accused co-operate by cross-examining the witnesses on the date they are examining in chief.
6. The presence of Samuthirakani and Subbammal before the trial Court is dispensed with and they are directed to appear before the trial Court for collecting the final report and other papers under
Section 207 Cr.P.C., at the time of framing charges, for questioning under
Section 313 Cr.P.C. and on the day of judgment. On all other dates, if they file an application under
Section 317 Cr.P.C., undertaking that they will not dispute their identity and that their counsel will cross-examine the prosecution witnesses in their absence without adopting dilatory tactics, the trial Court may liberally consider and entertain the same. If Samuthirakani and Subbammal adopt any dilatory tactics, it is open to the trial Court to insist upon their presence. Accordingly, C.M.P.(MD)No.4949 of 2017 is disposed of and C.M.P.(MD)No.4948 of 2017 is dismissed.
To
1.The Sub Inspector of Police, Kuruvikulam Police Station, Sankarankoil Taluk, Tirunelveli District.
2.The Judicial Magistrate Court, Sankarankoil, Tirunelveli District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..