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2001 Supreme(Mad) 122

A.RAMAMURTHI
Rajendran – Appellant
Versus
Inspector of Police, Thiruvattar and others – Respondent


Advocates:
V.Raghavachari, for Petitioner.
C.M.Gunasekaran, for Respondent No.1.
D.Stephen, for Respondent Nos.2 to 6.

ORDER: The petitioner/2nd accused in S.C.No.3 of 1996 on the file of Additional Sessions Judge, Nagercoil, Kanyakumari District, has preferred the present revision aggrieved against the orders passed by the learned Sessions Judge dated 8.4.1999.

2. The case in brief is as follows: The petitioner is the 2nd accused in S.C.No.3 of 1996 pending on the file of the Additional District and Sessions Judge at Kanyakumari District and he is the complainant in the counter case registered in Cr.No.449 of 1994 by Thiruvattar Police. The offences are under Secs.147, 148, 346, 324, 325 and 307, I.P.C. The learned Magistrate dismissed the complaint and the petitioner filed Crl.R.C.No.384 of 1996 on the file of this Court and the revision was allowed and the Judicial Magistrate, Padmanabhapuram was directed to take the complaint on file, the counter case being a case exclusively triable by the Court of Session both the cases arise out of the same transaction and they have to be tried by the same Court. The occurrence and place of offences in both the cases are almost one and the same. If two cases are disposed of by two different Courts, there would be conflict of decision. The learned Sessions Jud









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